In April 2019, details emerged of Re N (Surrogacy: Enduring Family Relationship; Child’s Home) [2019] EWFC 21, a High Court judgment handed down earlier this year. The decision of Mrs Justice Theis in this case has been described as “ground-breaking” – a label that it is hoped will be attached to future decisions.

The facts of the case involve K and L (male same sex unmarried couple) who entered into a surrogacy arrangement in Canada. A girl “N” was born in Canada through that arrangement and the family returned to the UK in October 2017 when N was a few weeks old.

The parties set out to obtain a joint paren...