In surrogacy cases, the child will automatically be British only if the surrogate mother is unmarried, the intended father is genetically related to the child and the father is permitted to pass on British nationality. In these cases, the parents need merely apply for a passport.
However, this is the only ‘straightforward’ way to bring home a surrogate-born baby. In other situations, a host of factors will determine the course of action the couple need to take, including:
It is worth bearing in mind that in a very worst-case scenario, the baby may not be eligible for British citizenship or the citizenship of its birth country. Without a passport of any kind, there is the risk of the baby being stranded abroad.
This means that advance planning is absolutely essential in cases where your baby is born abroad. There are numerous variables and no two cases are the same. You can find a general guide to the three main routes of bringing your baby back to the UK in the following blog ‘International Surrogacy and how to bring baby back to the UK’.
Sex, love and financial issues usually top the concerns of couples planning a baby but for those who turn to surrogacy after years of trying to conceive, the focus quickly switches to legal problems. Even so, it is usually only months into the process that the unglamorous topic of immigration and nationality law rears its… Read more »
For more information the following lawyers will be able to help with Forming Families – International Surrogacy.