Regarding family planning, surrogacy has become an option that is legally recognized to be both viable and most likely cherished by couples and individuals who wish to have and raise a child together. Whilst the UK acknowledges surrogacy as a lawful practice, the practicalities of doing surrogacy involve numerous intricacies or complexities that are the most apparent when bringing a child born abroad and born by a surrogate in the UK. This guide simplifies the process and highlights the legalities, complexity, and different possible routes available for parents who desire to travel to the UK with their surrogate children
Understanding Surrogacy in the UK
Despite being banned in many states, surrogacy continues in the shadows unceasingly. Surrogacy, in its basic terms, is an arrangement where one woman agrees to carry another couple’s baby by using assisted reproductive techniques.
Surrogacy is a legal contract she serves as a surrogate who subsequently bears and gives birth to a baby whose biological parents are elsewhere. Unlike other European countries, in the UK surrogacy is legal but some laws regulating surrogacy may be quite oppressive, resulting in international intended parents pursuing other countries for surrogacy. The birth of an infant through international surrogacy results in immigration laws, identity attribution, and nationality laws.
Bringing a Surrogate Child to the UK
Bearing a prospective member of the family, born abroad, in the UK can be feasible, though, the nationality, legal parents, and the country, where a baby was born, also need to be considered. Here are some key routes to consider:
Applying for a British Passport For Surrogate Child to UK
If the child is a citizen of the United Kingdom at birth, the British passport acquisition is the only process available and easier way. Such an example exists where one of the parents or both of them are British-born citizens.
Registering Your Child as a British Citizen
British concept includes those children who are not born in British territory to change their citizenship to a British one. Usually Home Office makes several exceptions for surrogate cases and in some committees, they even assist the surrogate in the procedure of finding the appointed parent. His/Her registration as a British citizen is of paramount importance because such registration is a prerequisite to the acquisition of a British passport and with a passport the chances of traveling to the UK increase.
Filing for a Parental Order
In the situations when the kid wasn’t British by birth and, likewise, didn’t get British nationality afterward or any registration, another way it can be pursued is the Parental Order. A Parental Order is the procedure of converting into legal parents of a child to both (intended parents) in the UK. Significantly, also in the year 2010, parental order was amended to allow a surrogate child to become a British citizen while a biological parent is one of the British with that being the legal principle.
Filing for and succeeding in Parental Order applications may take longer for those looking for choices. She can’t act legally until she’s full-term and has received the vital parental order 6 weeks after delivery.
Applying for a UK Visa For Surrogate Child to UK
If none of the aforementioned visas are appropriate for your situation, you may find that the surrogate children entry clearance visa is more applicable. This is usually when the father whose sperm was used, is considered as the biological as well as legal father at birth. This is not what should happen. The Home Office will consider your application and grant entry clearance if any of the intended parents have a genetic link to the child.
To apply for a UK visa for your surrogate baby you are required to submit some additional documents like the passport of the baby, birth certificate, evidence for surrogacy treatment as well as the identities and eligibility of the intended parents e.g. sexual orientation, financial situation, the reason for your surrogacy arrangement, etc.
Applying for a British Passport For Surrogate Child to UK
If the birth surrogate overseas is notified that the child is now part of the British citizenship, the UK passport for him can then be applied for. This would be their British passport which will also help them migrate to The UK and which they would have to present as proof of their citizenship.
The process of applying for a British passport by a surrogate child has more hurdles for him/her than in the cases of standard child passport applications. It requires additional documentation, including a detailed letter describing your surrogacy arrangement, evidence of the surrogacy treatment, and proof of the child’s claim to British nationality.
In conclusion, navigating the legal landscape of bringing a surrogate children to the UK involves understanding the child’s nationality, the legal parents at birth, and the available routes. While the process can be intricate, it is crucial to explore the options that best align with your circumstances and seek professional guidance to ensure a smooth journey for your surrogate child. With the right approach and legal support, you can successfully bring your precious surrogate children into your UK-based family, creating a brighter future together.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for a Dependent Visa or BNO Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
