Leading family law experts discuss the latest surrogacy case law, international surrogacy trends, Hague Convention child abduction decisions and the key developments shaping cross-border family law.

As family life increasingly crosses borders, lawyers are being asked to navigate challenging questions around parenthood, jurisdiction, child welfare and international movement. In this webinar, speakers from practice, the Bar and the judiciary examine recent developments in surrogacy and international child abduction, and consider what they mean for practitioners advising families in Scotland and beyond.

6:30 - Natalie Gamble | Surrogacy: globalisation, policy and ethics

Natalie Gamble, Director of NGA Law, opens the session with an overview of how surrogacy has evolved over the last two decades. Drawing on her extensive experience in fertility and surrogacy law, Natalie explores the growth of international surrogacy, the countries increasingly used by intended parents, and the legal difficulties created by different approaches to parentage around the world.

Natalie also discusses the current debate around surrogacy reform, including the Law Commission's proposals, growing political opposition to surrogacy, and the practical consequences of a legal framework that many consider no longer reflects how surrogacy operates in reality.

27:38 - Christy Foster | Surrogacy in Scotland

Christy Foster, Associate at Brodies LLP, focuses on the Scottish position and the practical issues that arise in surrogacy cases with an international dimension.

Her session covers parental order applications in Scotland, immigration and nationality considerations, the role of the curator ad litem, common procedural challenges, and lessons from recent cases. Christy also highlights the importance of planning ahead and maintaining contact with surrogates throughout the process, particularly where arrangements span multiple jurisdictions.

37:08 - Q&A session with Natalie Gamble and Christy Foster

43:50 - Morag McEwan | 1980 Hague Convention case law round up

Advocate Morag McEwan provides an update on recent Hague Convention cases, including decisions on wrongful removal and retention, the interaction between Hague Conventions, and the role of children's views in return proceedings.

Morag examines several significant judgments, with particular focus on the UK Supreme Court's decision in DM Petitioner. She considers what the case means for the assessment of grave risk of harm, the weight given to children's views, and the future handling of Hague Convention cases in Scotland.

01:10:15 - Q&A session with Morag McEwan

01:20:51 - Mrs Justice Theis DBE | Surrogacy and Parental order applications in England and Wales

The session concludes with Mrs Justice Theis DBE, High Court Judge of the Family Division and lead judge for surrogacy applications in England and Wales.

Drawing on years of judicial experience, Mrs Justice Theis reflects on the development of surrogacy law, the increasing number of international parental order applications, and the issues currently coming before the courts. She also discusses the legal framework governing parental orders, common difficulties encountered in practice, and the welfare considerations that sit at the centre of these cases.

01:58:21 - Q&A session with Mrs Justice Theis DBE

Topics covered

International surrogacy and cross-border parenthood
Ethical and regulatory issues in surrogacy
Law Commission reform proposals
Parental orders in Scotland and England & Wales
Immigration and nationality issues in surrogacy cases
Hague Convention child abduction proceedings
Recent Supreme Court and appellate decisions
Children's rights and participation in proceedings
Practical guidance for family law practitioners

Whether you advise on surrogacy, child law or cross-border family disputes, this session provides a valuable update on key developments affecting practitioners and families across the UK.