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This publication is available at https://www.gov.uk/government/publications/surrogacy-overseas/surrogacy-overseas
1. Practical information for intended parents
For more information about practical considerations for intended parents in England and Wales please consult the Department of Health and Social Care Guidance on having a child through surrogacy:
For more information about how surrogacy can affect a child’s claim to British nationality, please consult the Home Office Guide, Nationality policy: surrogacy.
2. Once your child is born
Once your child is born, you will need to become the child’s legal parent. More information on how to do this can be found online Surrogacy: legal rights of parents and surrogates.
A Parental Order can only be made by the court in England and Wales after the child has reached the UK. Pursuant to 54 and 54A of the Human Fertilisation and Embryology Act 2008, at least one of the intended parents (or the intended parent in the case of single applicants) must be domiciled in the UK or the Chanel islands or the Isle of Man, and the child must be living with the intended parent or parents in the UK at the time of the Parental Order application. Further, Parental Orders may only be granted where at least one parent has a genetic link to the child. There are various other conditions that need to be met.
The process is different if you live in Scotland or Northern Ireland. More information is contained in the guidance: Surrogacy: legal rights of parents and surrogates.
3. How to bring your surrogate child born abroad to the UK
You should seek independent legal advice to confirm that the child in entitled to enter and remain within the UK. In many instances this entitlement will be linked to the status of the intended parents.
If the child is entitled to British Citizenship, the most straightforward route may be to apply for a UK passport from overseas. Please see the section below for further guidance on the passport application process. In many instances, the complex nature of surrogacy will mean that an application for a UK passport will also be complex. Intended parents should allow time for the application to be considered before a passport can be issued.
If the child is not entitled to a UK passport, then you should seek specialist legal advice on the most appropriate process for bringing your child to the UK.
4. How to apply for a British passport for your surrogate child born abroad
You will need to provide a number of documents in support of your application for a British passport for your child or children. An independent legal adviser may be able to help you with this application. You will need to provide:
- documentation regarding your surrogacy arrangement including any legal agreements – signed by all parties
- medical evidence if your surrogacy arrangement has involved fertility treatment; and/or documentation from the surrogacy organisation about the circumstances of the surrogacy
- any pre or post birth court orders issued in the country where the surrogacy procedure and/or birth took place
- consent from the surrogate mother confirming that she has given up any rights to the child and where relevant from her husband if married at the time of conception or in line with local laws
- documentation confirming the marital status and identity of the surrogate mother
- birth certificate
- proof that your child has a claim to British nationality
- proof of your identity (for example, your passport or birth certificate)
- proof of your marriage or civil partnership (if this is relevant to your application)
5. Adoption leave and pay
If you are having a baby with the help of a surrogate mother and are eligible for a Parental Order and intend to apply for such an order within six months of birth, you may be eligible for adoption leave and pay.
6. Seeking independent legal advice
International surrogacy is a complex area. The process to bring your child or children to the UK after birth can be long and complicated. If you are considering surrogacy in a foreign country you are strongly advised to seek specialist independent legal advice both in the UK and in the other country before making any arrangements.
This information is provided by the British Government for the convenience of enquirers, but neither Her Majesty’s Government nor any official of the consulate take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense which you might suffer as a result of relying on the information supplied. It is not a substitute for obtaining your own legal advice.