However, it is important for prospective parents looking abroad to understand that the surrogacy agreement will not only need to comply with legal requirements of the country in which the child is born, but also those of the UK. For example, there are many countries where the surrogate’s name will not appear on the birth certificate but this makes no difference under UK law, where the surrogate mother will continue to be considered the legal parent until the parental order is final.
This means you need to have a full understanding of surrogacy law in two countries, as well as bearing in mind any potential complications in bringing your baby back to the UK.
For initial legal advice on your international surrogacy arrangement, or to request our free Surrogacy Immigration fact sheet [PDF] please fill in the form on the right. If you’d like to set up a meeting with one of our team, you can use the form or email email@example.com, or contact 020 7631 4141 and ask to speak to our Forming Families team.
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 allowed to pass on his British nationality. In these relatively straightforward cases, the parents only need to apply for a passport.
In other situations, a host of factors will determine the course of action you 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 potential 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’.
Finally, it is important to remember that nearly all the factors relevant to a UK-based surrogacy will also apply to an international surrogacy, and so you are advised to read our Surrogacy page for more information. We have dedicated Immigration and family solicitors from our Forming Families team working together to ensure the two aspects run in tandem, as smoothly as possible.
For initial legal advice on your international surrogacy arrangement, or to set up a meeting with one of our team, please use the form on this page, email firstname.lastname@example.org or contact 020 7631 4141 and ask to speak to our Forming Families team.