AB v CD and others [2018] EWHC 1590 (Fam) illustrates how the needs of modern families formed through assisted conception and surrogacy continue to challenge and outpace the law. Louisa Ghevaert and Richard Jones analyse the case in the past September issue of Family Law ([2018] Fam Law 1187).

On one level, the case focused on disputes about arrangements for the children’s upbringing, including exercise of parental responsibility and contact. However, at the heart of this case were fundamental issues about the legal identity and status of the parents and children because the biological intended parents had not applied for parental orders.

This case marked the first time the court had to deal with a situation whereby a family created through surrogacy encountered serious domestic violence, marital breakdown, divorce and remarriage forming a new blended family.

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