• Page Contents
• Overview
• Surrogacy Agreements
• Parental Order After Child's Birth
• 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
• Book An Appointment
• Ask A Question For Free Advice

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.

Ask a question to our specialist team of child visa solicitors for free immigration advice online or book an appointment online for detailed immigration advice with one of our specialist child visa solicitors concerning UK visa application for your surrogate child.

Our specialist immigration solicitors can help you bring your surrogage 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.

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.

British Passport Application For Surrogate Child

You can apply for British passport for the surrogate child after you have obtained the parental order from the family court and you are a British Citizen otherwise than by descent. An application for British passport for surrogate child is made online from outside the UK. In many instances, the complex nature of surrogacy will mean that an application for a UK passport will also be complex as a result of which the processing time of the British passport application may be longer than the standard service standard for British passpport application from overseas. Read More

Right Of Abode Application For Surrogate Child

A surrogate child who has acquired British nationality after the legal parents acquired the parental order for the child can apply for Right of Abode instead of British passport. An application for Right of Abode may take less time as compared to an application for British passport and therefore in some cases the legal parents of the surrogate child may opt to apply for Right of Abode for the child instead of applying for British passport.

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations for your surrogate child's application for Right of Abode. We can provide fast, friendly and reliable fixed fee legal representations in relation to your child's application for Right of Abode. Read More

Indefinite Leave To Enter (ILE) For Surrogate Child

Your surrogate child can apply for entry clearance for Indefinite Leave to Enter (ILE) if your child is not eligible for British passport, Right of Abode or Registration as a British Citizen. An application for Indefinite Leave to Enter (ILE) will be made in accordance with requirements as set out in paragraph 297 of the Immigration Rules. An application for Indefinite Leave to Enter (ILE) can only be made after the parents of the surrogate child obtained the parental order and thus become the legal parents of the child.

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis for your child's application for Indefinite Leave to Enter (ILE) as a surrogate child. Read More

ILR As A Surrogate Child

Your surrogate child can apply for ILR in the UK if the child is in the UK and is not eligible to apply for British passport, right of abode or British nationality. For the surrogate child to apply for ILR, the legal parents of the child must be either British Citizens or settled persons in the UK. Furthermore, an application for ILR as a surrogate child can only be made after the parents of the surrogate child have obtained the parental order and thus become the legal parents of the surrogate child. An application for ILR will be made in accordance with requirements as set out in paragraph 298 of the Immigration Rules.

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis basis concerning your child's application for Indefinite Leave to Remain (ILR). Read More

Limited Leave To Enter As A Surrogate Child

Your surrogate child can apply for entry clearance for limited leave to enter the UK if the sponsoring parents have limited leave to enter or remain in the UK. An application for entry clearance for limited leave to enter will be made in accordance with the eligibility criteria as set out in the relevant immigration rules depending on the visa status of the sponsoring parents of the surrogate child. An application for Uk visa for the surrogate child can only be made after the sponsoring parents have obtained the parental order for the child and have become the legal parents of the surrogate child.

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis concerning your surrogate child's application for entry clearance for limited leave to enter the UK. Read More

Registration Of Surrogate Child As A British Citizen

Your surrogate child can apply for registration as a British Citizen if the sponsoring British parent(s) of the child is/are British Citizen(s) by descent. An application for registration as a British Citizen will  be made by completing application form MN1 and the relevant eligibility requirements as set out in British Nationality Act 1981 should be met for the application to be successful. An application for registration as a British Citizen should only be made after the sponsoring parents of the child have obtained the parental order and become the legal parents of the surrogate child.

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis concerning your surrogate child's application for registration as a British Citizen. Read More

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