You can bring your surrogate child to the UK either by applying for British passport / nationality or by applying for an appropriate UK visa to join you in the UK. If your surrogate gives birth abroad, you can only apply for a parental order if you and your partner are living in the UK. If the child is not a UK or EU national, they will need a visa to enter the UK during this process. Using a surrogate abroad can be complicated because different countries have different rules. You may want to get legal advice or contact The Human Fertilisation and Embryology Authority for more information.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Our specialist immigration solicitors can help you bring your surrogate child to the UK if your surrogate gives birth to your surrogate child outside the UK. Our specialist immigration lawyers can provide expert immigration advice and legal representations on fixed fee basis for applications by surrogate child of a persons who are British Citizens or settled persons.
Ask a question online to our specialist team of child visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation with one of our child visa solicitors conerning your surrogate child's appllication to come to the UK.
Surrogacy Agreements
The intended parents and surrogate can record how they want the arrangement to work in a surrogacy agreement. Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses. However, the surrogacy agreement may be enforceable by the law of the country in which the child is born and whose legal jurisdiction is provided for in the agreement to resolve any disputes arising from the agreement.
Parental Order To Become The Legal Parent Of The Surrogate Child
You must apply for a parental order or adoption if you want to become the legal parent of the child. You can apply for a parental order with a partner or on your own. One of you must be genetically related to the child - in other words, be the egg or sperm donor.
You must be one of the following:
- married
- civil partners
- living as partners
You must also:
- have the child living with you
- reside permanently in either the UK, Channel Islands or Isle of Man
You must apply within 6 months of the child’s birth.
You must be genetically related to the child - in other words, be the egg or sperm donor.
You must also:
- have the child living with you
- reside permanently in either the UK, Channel Islands or Isle of Man
From 4 July 2019, you must apply for parental order within 6 months of the child’s birth to become legal parent of the surrogate child.
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.
UK Visa and Immigration Applications By Surrogate Children
As specialist child visa solicitors based in London, we can provide expert immigration advice and legal representations for following applications made by the surrogate children under the UK immigration and nationality laws:
- British Passport Application For Surrogate Child
- Right Of Abode Application For Surrogate Child
- Indefinite Leave To Enter (ILE) For Surrogate Child
- ILR As A Surrogate Child
- Limited Leave To Enter As A Surrogate Child
- Registration Of Surrogate Child As A British Citizen
FAQs - Applications By Surrogate Children
If you use a surrogate, they will be the child’s legal parent at birth. If the surrogate is married or in a civil partnership, their spouse or civil partner will be the child’s second parent at birth, unless they did not give their permission.
Legal parenthood can be transferred by parental order or adoption after the child is born. If there is disagreement about who the child’s legal parents should be, the courts will make a decision based on the child's best interests.
A sperm donor could be the legal parent of a surrogate child born from the donation of sperm. If a sperm donor donates sperm through a Human Fertilisation and Embryology Authority (HFEA) licensed clinic, they will not:
- be the legal parent of any child born
- have any legal obligation to any child born
- have any rights over how the child will be brought up
- be asked to support the child financially
- be named on the birth certificate
A sperm donor who uses an unlicensed clinic to donate sperm will be the legal father of any child born from the donation of sperm under UK law.
If you want to become the legal parent of the child, you must apply for a parental order or adoption. You can apply for a parental order with a partner or on your own. One of you must be genetically related to the child—in other words, the egg or sperm donor.
You must be one of the following:
- married
- civil partners
- living as partners
You must also:
- have the child living with you
- reside permanently in either the UK, Channel Islands or Isle of Man
You must apply within 6 months of the child’s birth.
You must be genetically related to the child - in other words, be the egg or sperm donor.
You must also:
- have the child living with you
- reside permanently in either the UK, Channel Islands or Isle of Man
From 4 July 2019, you must apply within 6 months of the child’s birth.
The intended parents and surrogates can record how they want the arrangement to work in a surrogacy agreement. Surrogacy agreements are not enforceable by UK law, even if you have a signed document with your surrogate and have paid their expenses. However, the surrogacy agreement may be enforceable by the law of the country where the child is born and whose legal jurisdiction is provided for in the agreement to resolve any disputes arising from the agreement.
