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Articles by Garry Sturrock
Why is Scotland struggling to find homes for children who require to be adopted?
Introduction It is well known that adoption rates in Scotland are continuing to decline. Scottish adoption policy has quietly shifted focus from the number of children needing adoptive families to the mismatch between the adopters available and the needs of children awaiting adoption, with older children, sibling groups and children with additional support needs waiting longest for a home A continued decline The headline trend is that adoption in Scotland is decline.
Parental orders and foreign surrogacy: what D & Anor v K means for intended parents
D & Anor v K (Illegal Chinese Commercial Surrogacy) [2026] EWFC 279 concerned an application by a married same-sex male couple, D and C, for a parental order for their son, G, born via a commercial surrogacy arrangement in China. Mr Justice MacDonald required to consider a surrogacy arrangement which, due to its commercial nature, was not only prohibited domestically, but unlawful in its country of origin. The judgment is an instructive guide for couples considering surrogacy abroad.
Exploring child law: international child abduction and surrogacy case law update
Brodies Family Law invites you to join us for an enlightening and comprehensive digital event tailored specifically for child law professionals. In this two-and-a-half-hour online event, a distinguished panel of guest speakers will discuss: the latest updates and case law in surrogacy; and the latest updates and case law in international child abduction. Each session will be followed by an opportunity for audience Q&A. This webinar promises to be both thought-provoking and informative.
Re Q (Surrogacy: Legal Advice): the perils of the international surrogacy journey
Introduction The judgment of Mrs Justice Gwynneth Knowles in Re Q (Surrogacy: Legal Advice) [2026] EWHC 1538 (Fam) represents the latest of a growing body of High Court decisions laying bare the profound challenges that can arise in international surrogacy arrangements. That the case before the court should involve a clinic, a surrogate, and a child spread across four separate jurisdictions and three continents is, by now, a familiar situation.
The procedural cart should not drive the welfare horse: lessons from PSC and Others v NS
In the recent Outer House decision in PSC and Others v NS [2026] CSOH 47, Lord Braid varied a shared residence order made only months earlier, permitting three children to relocate with their father to the United States. The case is significant as regards the views and welfare of children, and the court's willingness to revisit care arrangements that prove unworkable in practice.
A child’s views cannot cure established grave risk of harm in terms of Article 13(b) of the Hague Convention
The Inner House has issued an important decision in Petition of DM [2026] CSIH 9 on assessing the grave risk defence under Article 13(b) of the 1980 Hague Convention. Background to the case This case concerned a petition under the Child Abduction and Custody Act 1985 relating to two brothers habitually resident in Florida. The petitioner father (DM) sought their summary return under the 1980 Hague Convention. The first respondent mother (SM) opposed return on the basis of Article 13(b).
LGBT+ History Month: the changing story of adoption for LGBT+ parents in Scotland
A journey once thought impossible When we talk about LGBT+ History Month, we often think of public milestones, activism and legal battles. However, some of the most profound shifts in equality have unfolded quietly, in ordinary homes and conversations, as families have formed in ways the law once refused to imagine. Among these stories, the evolution of adoption for LGBT+ parents in Scotland stands out as one of the most transformative.
Exploring Child Law: Post-adoption contact and case law update
Click here to watch the video Brodies Family Law team hosted an enlightening and comprehensive digital event tailored specifically for child law professionals. In this session, a distinguished panel of guest speakers discussed: the intricacies of the adoption process in Scotland; the latest updates in case law; nuances of post-adoption contact; and, questions from the audience during an engaging Q&A session.
Goodman v Walker: claims for financial support in respect of children
The high-profile legal case involving England footballer Kyle Walker and his ex-partner, influencer Lauryn Goodman, has brought significant attention to the nuances of family law, specifically focusing on child maintenance and financial provision for children. Background Ms Goodman raised an action at the Central Family Court in England seeking financial provision for the parties' two children in terms of Schedule 1 of the Children Act 1989.
The ways in which Scots law can protect victims of stalking and harassment
Many of us will have watched the recently aired and captivating Netflix series 'Baby Reindeer', which follows the story of Richard Gadd and his encounter with a stalker. Gadd portrays himself as the protagonist and takes the audience on what appears to be a surreal journey through the psychological turmoil of being relentlessly pursued. The series offers an unflinching and deeply personal portrayal of the realities of being stalked and harassed.
Managing care arrangements as a separated family with a neurodivergent child
This week is Neurodiversity Celebration Week. It is aimed at promoting recognition, understanding, acceptance and inclusion of neurodiverse individuals in society. A key focus is to challenge stereotypes, misconceptions and the stigma which may be associated with neurological differences. Marking this week allows us an opportunity to provide support for neurodiverse individuals and to recognise their unique perspectives and contributions. What is neurodiversity?
LGBT+ history month: Assisted reproduction as a pathway to parenthood
In February each year, we celebrate LGBT+ history month which raises awareness of and combats prejudice against LGBT+ people.
Trans rights and family duties
Trans issues are gaining recognition in law, but much has still to be worked out, especially in family law. This article highlights some key issues including those already considered by English courts. Our understanding of trans issues in Scotland is evolving, in particular within the context of family law. However, is our legal system keeping pace, and is it capable of adapting to this more modern understanding of a family?
Legal age to marry in Scotland - are changes afoot?
Recent legal news has been dominated by the coming into effect of the Marriage and Civil Partnership (Minimum Age) Act 2022 in England and Wales. Previously, the law provided that individuals aged 16 and 17 in England and Wales were capable of entering a marriage, provided that they had parental consent. The 2022 Act abolishes this exception and provides that the minimum age for marriage is 18, with no exceptions.
Burns' bairns and bedroom tales, examined from a 21st century family law perspective
On 25th January, many will be celebrating the life of Robert (or "Rabbie") Burns, Scotland's National Bard. Burns was an extraordinary poet of considerable literary talent. His legacy and works, including Tam o' Shanter and Auld Lang Syne, are renowned across the world and are an intrinsically linked part of Scottish culture. But what of the character of the man behind some of the best-known poems ever written?
The myth of the infallible adoption fairytale ending and reversal of adoption in Scotland
This week marks the beginning of Adoption Week in Scotland 2022. It is an annual event, which celebrates adoption, and is funded by the Scottish Government. The theme of this year's event is "adoption: the connection with past, present and future families." Adoption allows individuals a unique pathway to parenthood, and it can offer children who have had adverse childhood experiences an opportunity to thrive in a loving household.
Court of Appeal clarifies the law on marriage formalities (Akhter v Khan)
News & Comment Online Shop CPD & Events Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk. Spotlight A day in the life Of...
Rights of Cohabitants; is the law fit for purpose? | Lexology
The number of couples cohabiting in the United Kingdom has seen a marked increase in the last decade. In Scotland, the legal framework concerning rights of cohabitants on the ending of a relationship is dealt with in Sections 26 to 29 of the Family Law (Scotland) Act 2006.
Toughening stance on prosecution of domestic abuse and implications for family law in Scotland | Lexology
United Kingdom
February 7 2019 Background In a landmark vote in the Scottish Parliament in February 2018, the Domestic Abuse (Scotland) Bill, which promised to offer a tougher approach to the prosecution of domestic abuse in Scotland, was passed. The Domestic Abuse (Scotland) Act 2018 received royal assent on 9th March 2018 and will come into force on 1st April 2019. A change in approach? The legislation overhauls the approach to domestic abuse which is capable of sanction in a criminal court.
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