Overseas Surrogacy

Bringing your child to the UK

There are several rules and guidance in place for new parents to bring their child to the United Kingdom. The following routes are open to intended parents

Route 1: Apply for British passport

This is only an option where the surrogate mother is unmarried, the intended father is British, and the intended father is genetically related to the child. Among other requirements, the legal connection between father and child must be documented such as via a DNA test.

Route 2: Register the baby as a British Citizen and apply for a British Passport

This is a two-stage process and is the most common route for British parents. It is usually an option either, where the surrogate mother is unmarried and the intended mother is British with a genetic connection to the child, or where the surrogate mother is married, one of intended parents is genetically related to the child and that parent is British.

The registration application is a discretionary one, meaning it is up to the Home Office whether they choose to approve it or not. Among other things, the intended parents will need to demonstrate the genetic link and show that a parental order is likely to be granted to have the baby registered as British.

Once the baby has a Registration Certificate, the intended parents can apply for a British passport for the baby.

Route 3: Apply for a non-British passport for the baby and then apply for a visa for the baby to come to the UK

If couples do not fall into any of the above categories, they are likely to be looking at this route. It is common where the parents are living in the UK but are not British, or in cases where neither intended parent has a connection to the child. It is particularly important to bear in mind that if the baby cannot obtain a passport from its birth country or another country, then it won't be able to apply for a visa or travel.

There are a variety of different visa routes that may be open to the baby, and the exact one will depend on the family's circumstances. In some cases, the family may be able to apply for the baby to be registered as British once it is in the UK and a parental order has been granted.

The above three routes provide a very generalised summary only of the routes available, but the exact steps parents need to take will depend on their circumstances. International surrogacy is a fast-growing area, and increasingly popular for couple's resident in the UK who are unable to find a surrogate mother in this country.

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 United Kingdom.

Why choose Westridge Legal?

The process of international surrogacy can be emotionally challenging. 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.

Our team of family and Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you. We'll ensure the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.