Pauline Troy Barrister

22/12/2025

Here is my latest blog post about a case that was published a few days ago in the High Court.

This is the question that arose in the High Court in the case of FZ v MZ-[2025] EWHC 3338 (Fam) https://www.bailii.org/ew/cases/EWHC/Fam/2025/3338.html which is a judgment that was handed down by Mrs Justice Lieven on 18 December 2025. The short answer to the question is 'no' primarily because of th...

15/11/2025

Here is the blog relating to the case of Re J published this week where I acted for the Local Authority

This case highlights what can go wrong when intended parents and a surrogate meet on Facebook and enter into a surrogacy arrangement. Re J (A child) (Surrogacy: Adoption Order), [2025] EWHC 2960 (Fam) https://caselaw.nationalarchives.gov.uk/ewhc/fam/2025/2960 is the latest in a line of cases where t...

12/11/2025

An interesting case that I have been involved in has been reported in the law reports today. It deals with the situation when an intended surrogacy arrangement cannot proceed by way of an application for a parental order because the intended parents are not biologically connected to the child. The only order that the Court can make in the child's best interests to confer the status of legal parenthood upon the people bringing up the child is an adoption order which in this instance, the Court approved with the agreement of all parties. I will be writing a blog post about the case on my website shortly

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25/10/2025

Family Law is of course a subject that is constantly evolving and one of the key obligations of any professional lawyer is to keep up to date when things change or a new case is published that provides an answer to a difficult question. We call these decisions 'authorities' or 'precedents' when the decision is given by the Supreme Court or the Court of Appeal because they are binding on the lower Courts. Other decisions are called 'first instance' decisions and are not binding but can be good examples of what to expect when you go to Court, especially if the decision was made by a High Court Judge. I think it is important to share this knowledge if at all possible although there is no substitute for taking proper legal advice on your own particular case as different facts can produce a different or nuanced outcome (there is no one size fits all in family law).
Modern family law is no different although the situations that arise can be more complicated especially when there are more than 2 parental figures involved. I have started a blog on my website to share some of this knowledge for those who are interested. Each post is a summary with a link to the actual published authority if you want to read the whole decision which is of course, the gold standard to understand the legal position.
Enjoy

Modern Families Case Law Blog

31/08/2025

Family law transcends human rights because everyone has the fundamental right to respect for their private and family life under Article 8 of the European Convention of Human Rights. I often think that the law is at its most interesting when observed through the prism of human rights and family law in the context of same s*x parenting is the area where the fundamental principles of what it means to be a parent are properly understood. To illustrate this I have recently made a podcast with a friend and colleague in chambers which I hope you will find interesting in terms of how family law has evolved over the last 70 years and influenced aspects of social change.

https://open.spotify.com/episode/5D3E9Ds4YG0f6HOftAWj9C?si=48CyeN7NRMKICmpbkM0Caw

Law Pod UK · Episode

30/08/2025

In today's Guardian, Kim Cotton, the first UK surrogate in 1985 explains how the law has not changed in the intervening years. If you are contemplating a surrogacy arrangement, it is crucial to get early and expert legal advice on the legal framework if you want to become the legal parent of any child born of such an arrangement.
https://www.theguardian.com/lifeandstyle/2025/aug/29/its-overwhelming-woman-who-was-uks-first-surrogate-closes-agency-as-demand-soars
Commercial surrogacy is illegal in the UK so it is really important to understand the complexity especially if you go overseas to achieve your dream. Visit my website www.modernfamilieslaw.com if you need more advice

Kim Cotton says laws, little changed since being rushed through in response to her pregnancy in 1985, are ‘dinosaur’

21/08/2025

As a family law barrister I am also a member of Resolution which is the representative body of family lawyers who deal with all forms of dispute resolution. We follow a code of conduct to reduce acrimony between parties and focus on the welfare of their children who are the subject of disputes. Very often the fact that adults are arguing is more harmful to the welfare of children than the subject of any actual dispute itself so compromise and a solution focussed approach is nearly always in the best interests of children unless there are genuine safeguarding issues such as domestic abuse which must always be taken very seriously. Early advice is recommended to avoid hostility becoming entrenched.