You can bring your surrogate child to the UK by applying for a British passport or nationality, or by applying for an appropriate UK family 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 varying laws and regulations. You may want to get legal advice or contact the Human Fertilisation and Embryology Authority for more information.
Our specialist immigration solicitors can help you bring your surrogate child to the UK if your surrogate gives birth to your child outside the UK. Our specialist immigration lawyers can provide expert immigration advice and legal representation on a fixed fee basis for applications by surrogate children of persons who are British Citizens or settled persons.
- Page Contents
- Ask a Question for Free Advice
- Surrogacy Agreements
- Parental Order
- Applications
- Our Team of Solicitors
- Book An Appointment
- Get a Fixed Fee Quote
- Frequently Asked Questions
Ask a Question for Free Advice
Our dedicated team of UK immigration solicitors and lawyers in London specialises in applications by surrogate children. We offer one-time free immigration advice online to address your specific enquiries about surrogate child visa applications. You can either call our free immigration advice helpline, 0044 20 3930 3900, to simply ask a question to our specialist UK immigration solicitors in London for fast and friendly free immigration advice and consultation, or you can schedule an appointment online for comprehensive and detailed immigration advice & consultation with one of our top-rated UK immigration solicitors and lawyers.
Surrogacy Agreements
The intended parents and surrogate can record in a surrogacy agreement how they want the arrangement to work. 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 under the law of the country in which the child is born, whose legal jurisdiction is specified 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, the Channel Islands or the Isle of Man
You must apply for a parental order 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, the Channel Islands or the 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 been brought to 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.
Applications by Surrogate Children
The following are various applications by surrogate children for which our specialist team of UK immigration solicitors can provide expert legal services:
- British Passport Application for a Surrogate Child
- Right of Abode Application for a Surrogate Child
- Indefinite Leave to Enter (ILE) for a Surrogate Child
- Indefinite Leave to Remain (ILR) for a Surrogate Child
- Limited Leave to Enter as a Surrogate Child
- Registration of a Surrogate Child as a British Citizen
Our Team of Leading Immigration Solicitors in London
Premium Solicitors Ltd is a London-based law firm specialising in providing high-quality legal services for immigration applications by surrogate children. Their expertise in immigration law ensures that clients receive personalised and thorough assistance throughout the immigration application process. The firm is particularly skilled in handling complex immigration cases. Their in-depth knowledge of UK immigration law allows them to navigate these challenges effectively, increasing the likelihood of a successful outcome.
Premium Solicitors Ltd is known for its client-focused approach, offering clear communication and support throughout the process. They understand the emotional and financial stress involved in UK immigration matters and work diligently to alleviate these concerns by providing transparent and reliable legal services. By choosing Premium Solicitors Ltd, clients benefit from a high level of expertise and a commitment to achieving the best possible results for their UK immigration applications. The firm’s reputation for thoroughness, professionalism, and success makes it a top choice for immigration applications by surrogate children.
The exceptional quality of our UK visa and immigration services is reflected in our 5-star Google Reviews rating, with 99% of our clients expressing their satisfaction. Our dedicated team of London-based UK immigration solicitors is available 7 days a week, 365 days a year, providing unwavering dedication and outstanding legal support for all types of applications for surrogate children.
At Premium Solicitors, located in the heart of London, we pride ourselves on offering unparalleled UK immigration services through our team of dedicated and specialist immigration solicitors. Our team is composed of experienced professionals who possess a deep understanding of the complexities involved in UK immigration laws. This expertise allows us to provide bespoke solutions tailored to each client's unique circumstances.
Meet Our Key Team of UK Immigration Solicitors:
Arshad Mahmood
Specialist UK visa and Immigration Solicitor with experience of more than 20 years.
Tushita Scalzullo
Specialist UK Visa and Immigration Solicitor
Nargis Khodadady
Specialist UK Visa and Immigration Solicitor
Asad Malik
Specialist UK Visa and Immigration Solicitor
Alina Rizvi
Specialist UK Visa and Immigration Solicitor
Victoria Gbenoba
Specialist UK Visa and Immigration SolicitorIf you are in need of expert immigration advice and representation for your UK immigration application, look no further than Premium Solicitors in London. Our team of seasoned UK immigration solicitors is here to provide you with the professional support you need to navigate the complexities of your UK immigration application. Contact us today to schedule a consultation and take the first step towards achieving your UK visa and immigration goals. At Premium Solicitors, your successful immigration application for a surrogate child is our top priority. Let our expertise be your advantage.
Schedule Your Consultation With Our Immigration Solicitors
Looking for the best immigration advice and consultation for your UK immigration application for your surrogate child? Our team of leading immigration solicitors for UK visas are ready to give specialist legal advice for your surrogate child's application. Our expert team of UK visa solicitors and advisors can provide comprehensive and detailed immigration advice and consultation face-to-face in our offices in London or Birmingham or virtually through Zoom, Skype, Microsoft Teams or Phone etc. Book your appointment today with one of our experienced UK visa solicitors using the appointment booking link provided below:
Get a Fixed Fee Quote for Your Surrogate Child's Application
At Premium Solicitors, we are committed to transparency and clarity. That’s why we offer fixed-fee quotes for all our specialist UK visa and immigration services, with no hidden costs.
Ready to begin? Click the link below to request a personalised fixed-fee quote tailored to your immigration needs.
Frequently Asked Questions (FAQs)
The following are various Frequently Asked Questions (FAQs) about the immigration application by a surrogate child:
Yes, British citizens or individuals with settled status may be able to bring their surrogate child to the UK. However, this is a legally complex process and depends on factors such as parental status, place of birth, and how the surrogacy was carried out (domestically or overseas).
The visa options for the child may include the following:
- Applying for a Right of Abode (ROA) on the overseas passport of the surrogate child
- Applying for a British passport for the surrogate child
- Applying for Indefinite Leave to Enter (ILE) for the surrogate child
- Applying for a Leave to Enter in line with the visa status of the sponsoring parents in the UK
- Applying for a UK visit visa
Under UK law, the woman who gives birth is the legal mother, regardless of genetics. The legal father (or second parent) depends on marital status and consent. Intended parents can become legal parents through a parental order granted by a UK family court after the child’s birth.
Yes, if the child's father was genetically related to the surrogate child and the child's father is a British Citizen otherwise than by descent.
The documents to be submitted in support of the child's application to join the UK parent(s) depend on the personal circumstances of the sponsoring parents and the child's surrogate mother. Key documents may include:
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Child’s birth certificate
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DNA evidence, if applicable
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Evidence of surrogacy agreement
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Proof of British citizenship or settled status of the intended parent(s)
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Evidence of intent or progress in applying for a parental order
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Evidence of financial support and accommodation in the UK
In limited cases, yes — if at least one legal parent at the time of birth is a British Citizen by descent and British nationality law requirements for registering the child as a British Citizen are met.
Visa processing can take several weeks to a few months, depending on the complexity of the case and whether exceptional or discretionary circumstances are involved. It is advised to seek legal advice and plan well in advance.
Subject to meeting the eligibility requirements, it may be faster to bring the child to the UK by applying for a Right of Abode (ROA). An application for the Right of Abode (ROA) is usually decided within 3 weeks.
Yes. Our experienced team of UK immigration solicitors can provide specialist advice and legal representation for intended parents seeking to bring their surrogate child to the UK. We can guide you through visa options, documentation, and parental order requirements.
Surrogacy is when a woman carries a child for another woman, following an agreement prior to conception that the child should be handed over to them after the birth. The woman who carried the child is known as the ‘surrogate mother’. The couple who she entered into a surrogacy arrangement with are the ‘commissioning couple’.
The surrogate mother may be the genetic mother if her own egg was used to create the embryo. This is known as ‘partial’ surrogacy
In surrogacy cases where the surrogate mother may have had a fertilised embryo implanted in her, she will not be genetically related to the child. This is known as ‘host’ or ‘full’ surrogacy.
The commissioning couple may both be the genetic parents, or just one, or neither of them may be genetically related to the child. This will depend on the sources of the egg and sperm used to create the embryo. In some instances, it may be that both the sperm and the egg were provided by donors, so that the resulting child is not related genetically to either the surrogate mother or the commissioning couple.
Where neither of the commissioning couple is genetically related to the child they cannot apply for a parental order.
For the purposes of both the Human Fertilisation and Embryology Acts and the nationality legislation, the surrogate mother is to be treated as the mother of the child.
For a surrogate child conceived on or after 6 April 2009, the child’s father is either:
- the man that the surrogate mother was married to at the time of the birth
- the man with whom the surrogate mother received treatment services, licensed under the Human Fertilisation and Embryology Act to provide such services (but not if the creation of the embryo was brought about with the sperm of that man)
- a person who is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (second female parent)
- if none of the above applies, a person who is proved to be the father by the production of either:
- a birth certificate identifying him as such, and issued by the competent registration authority within 12 months of the birth, which names him as the father
- other evidence, such as a DNA test report or court order, that satisfies the Secretary of State on this point
A surrogate child is a British citizen by birth if the following conditions are met:
- commissioning father is a British citizen otherwise than by descent
- surrogate mother is not married
- comissioning father can prove paternity such as by being named on the birth certificate or providing other evidence
A surrogate child is not British by birth in the following circumstances:
- surrogate mother is not a British citizen
- commissioning father is a British citizen otherwise than by descent
- surrogate mother is married to someone who is not a British citizen
A child is also not British if the:
- commissioning mother is a British citizen otherwise than by descent
- commissioning father and the surrogate mother are not British citizens otherwise than by descent
- surrogate mother is not married
This is because the surrogate mother is the child’s mother for nationality purposes until a parental order is made, and so the commissioning mother cannot pass on her status. In these circumstances, the commissioning couple can apply for a parental order, which can result in the surrogate child becoming a British Citizen.