Immigration Law Aspects of International Surrogacy
When you have decided to expand your family through international surrogacy it is important to understand the immigration law aspects of your decision. Knowing what lies ahead from a family law and immigration law perspective will reduce the stress of the surrogacy and immigration process.
Online and London Family Law Solicitors and Immigration Lawyers
For surrogacy law and immigration legal advice call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Understanding the international surrogacy and immigration process
Most expectant parents are desperate to welcome their new arrival. As Family Law Solicitors representing parents growing their family through international surrogacy, we find that parents going through the surrogacy process are naturally exceptionally keen to start family life with their baby. However, unlike other births, international surrogacy involves family and immigration paperwork before family life in the UK can begin. Sometimes, it can take months for a baby born through international surrogacy to secure UK entry clearance.
Our Immigration Solicitors will push through the international surrogacy immigration process for you as quickly as possible. However, our Family Lawyers prefer you to take immigration legal advice before committing to your surrogate journey and your choice of surrogate. That’s because the country where your surrogate is based could mean the difference between a wait of days or months for your child to arrive back in the UK.
There may be compelling reasons why you have chosen a country and nationality for your surrogate. For example, links to your heritage or an older child born through surrogacy has the same birth mother. However, if you have no pull factors to a particular country it is worth exploring the easiest international surrogacy options to ensure that you can start family life in the UK as quickly as possible.
Some parents worry about the costs of taking legal advice when they are spending thousands on a surrogate but taking early family and immigration legal advice can save you thousands in future legal fees by ensuring that you choose a country for your international surrogacy that will not create complex immigration and entry clearance issues for your baby. If those issues can't be avoided as you have a particular reason for your choice of country or your surrogate is already carrying the baby, it still pays to take legal advice so you can plan ahead and minimise delays and stress.
Visa requirements in the surrogate’s country
Some intended parents will need a visa to visit and collect their baby. Our Immigration Solicitors can liaise to ensure you get the specific visa you need and advise on the potential timeframe for the visa. Depending on the nationality of the surrogate, potentially it could take months for you to secure UK entry clearance for the baby.
As well as ensuring you have a visa to stay in the surrogate’s country for the required period while waiting for the baby’s paperwork to come through, you may also need to secure accommodation in the country, time off work in the UK and funds to support yourself while overseas. Our Immigration Lawyers can give a better idea of timescales when we know where you are planning to travel to for your international surrogacy arrangement.
British Citizenship at birth for children born through an international surrogacy agreement
All babies born through an international surrogacy arrangement are not automatically British citizens. Without British citizenship, a child cannot apply for a British passport.
Whether a child is a British citizen at birth depends on the child’s parentage and the marital status of the surrogate mother.
Whether or not the surrogate mother is genetically the child’s mother, under UK law the person who gives birth is the child’s mother. Accordingly, a commissioning mother cannot pass on her British citizenship to her child whether or not the child is biologically her child.
Whether a father can pass on their British citizenship to a child born through an international surrogacy agreement depends on whether they are biologically related to the baby and if the surrogate mother is married or not. Assuming the father is biologically related to the baby, he can only pass his British citizenship to the child if the surrogate mother is unmarried. If the surrogate mother is married the baby takes on the nationality of the parentage of the surrogate mother and her spouse – even though there is no genetic link between the baby and the husband of the surrogate mother.
The country dictates timescales for entry clearance
Many people exploring international surrogacy assume that if they elect to use a surrogate outside the UK the process is a global one. That isn’t the case. That’s why it is vital to do your research on international surrogacy. For example, some states in the US have clear and simple laws that facilitate international surrogacy whereas in other countries surrogacy is either illegal or there are no streamlined systems in place to secure a passport for the child either using the surrogate mother’s nationality to secure a passport or securing a British passport.
Help with family law and immigration law advice with international surrogacy
Our Family Law Solicitors and Immigration Lawyers work together to provide you with the specialist legal advice you need. Once your child is in the UK our Family Law Solicitors can help you secure a parental order to give you parental responsibility for the baby. Our Immigration Solicitors will work with you on your priority of getting a passport for your child and entry clearance into the UK to start family life.
Online and London Family Law Solicitors and Immigration Lawyers
For family law and immigration legal advice call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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