family law

Family Court issues repeat warning in anonymous surrogate case

13 November 2025 by Clare Ciborowska

Re B and C v D and H (Anonymous Surrogacy) [2025] EWFC 366

Put simply, intended parents should avoid embarking on a surrogacy arrangement where they do not meet, have any knowledge of or means of contacting the surrogate who carries their much wanted child. (Mrs Justice Theis DBE)

This case concerned an application by intended parents for a parental order in respect of an 18-month-old child following a surrogacy arrangement with a surrogate in Nigeria whom neither of the intended parents had met and about whom they had no information.

Court of Appeal clarifies judicial duties when making final care and placement orders at an IRH – Re D [2025] EWCA Civ 1362

10 November 2025 by Guest Contributor

By Emily Higlett

Introduction

The Court of Appeal in Re D has overturned final care and placement orders made at an Issues Resolution Hearing (“IRH”), stating that judges must give clear, reasoned findings on the threshold criteria under section 31(2) Children Act 1989 (“CA 1989”), even where proceedings are uncontested or parents are absent.

In delivering the judgment, Cobb LJ, with whom Baker LJ and Miles LJ agreed, criticised the short form reasoning used by the Family Court and stressed the need for transparent judicial decision-making when the State intervenes in family life under Article 8 of the European Convention on Human Rights (“ECHR”).

Cheshire West revisited: deprivation of liberty and children

22 November 2024 by Esme Cairns

Introduction