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Tag: Family Law

Building families through surrogacy (I): Reform of surrogacy lawbaby with parent (hands(

Building families through surrogacy (I): Reform of surrogacy law

Published 25th May 2023

In the first of two-part posting, Professor Gillian Black (Commissioner, Scottish Law Commission and Chair of Scots Private Law, University of Edinburgh), Professor Nick Hopkins (Commissioner, Law Commission of England and Wales), and Nic Vetta (Legal Assistant, Scottish Law Commission) outline the Commissions’ joint proposals for a new regulatory regime for surrogacy in Scotland and in England and Wales.

On 29 March, the published their joint report, Building families through surrogacy: a new law. The report and draft bill outline a new regulatory regime for surrogacy that offers more clarity, safeguards and support.

In this blog, we set out our main recommendations for reform of surrogacy law and then in the following post provide a closer examination of the specific recommendations relating to access to information for surrogate-born children, and how these will provide much greater benefits for surrogate-born children from a child rights perspective.

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Cohabitants, unjustified enrichment, contract and subsidiarity: Pert v McCaffrey

Published 17th February 2020

One cheer

The decision of a Court of Five Judges in Pert v McCaffrey [2020] CSIH 5 will raise one cheer from family lawyers.  It over-rules the previous Outer House holding in Courtney’s Executors v Campbell [2016] CSOH 136, 2017 SCLR 387, that the “subsidiarity” of unjustified enrichment entails its non-availability to an ex-cohabitant who has failed at least to seek the remedy available to him or her against their former and still living partner under section 28 of the Family Law (Scotland) Act 2006.  (The ending of cohabitation by death is dealt with under section 29 and is not treated here.)

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The Children (Scotland) Bill – improving children’s participation rights?

Published 13th December 2019

By Gillian Black, Senior Lecturer in Family Law, University of Edinburgh

In September 2019, the Scottish Government published the Children (Scotland) Bill, introduced by Justice Secretary Humza Yousef. This Bill is, in part, a response to the detailed and lengthy consultation on the Children (Scotland) Act 1995 carried out by the Scottish Government over the summer of 2018, seeking input on a wide range of matters concerning children and families. The Bill started its progress through Parliament in November 2019, under the lead of the Justice Committee.

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