Immigration of Surrogate Children and Adopted Children
International surrogacy arrangements are now a preferred choice for many couples who wish to save costs in having these treatments outside of the UK. All International Surrogacy Arrangements require expertise on the medical and legal side.
At SmartMove2UK we provide full advice and assistance in relation to immigration issues resulting from international surrogacy arrangements. In the event you are considering an international surrogacy arrangement outside the UK then it is strongly recommended that you seek advice on whether any child born under these arrangements would be recognised as your child under the UK laws.
Does a child born abroad need a visa to enter the UK?
Where an overseas surrogacy arrangement is entered into, immigration regulations must be addressed at the outset to ensure that there are no difficulties at a later stage. We recommend that the process start at the earliest possible stage, even before the conception stage.
Surrogacy laws vary by country, for instance in the UK the status of the child depends to a large extent on the marital status of the surrogate mother. Where the surrogate is married (and her husband consented to the surrogacy) the child will not be British and it will be necessary to apply for an entry clearance visa or for the child to register as a British Citizen. Normally the entry clearance is granted for a period of 12 months and is permitted on the basis that a Parental Order is likely to be made on the child in the UK. Where the commissioning parents are not British citizens, immigration advice will be required and a route advised upon depending on the circumstances. You can speak to our Solicitors at Smart Move 2UK to book an appointment call on +91 98191 27002 or simply email info@smartmove2uk.com
Over the last few years we have observed that the legal issues associated with international surrogacy have become increasingly complex, and it is strongly recommended to seek specialist legal advice at the outset to prevent unforeseen problems and give you a better chance of reaching a positive outcome.
Our Solicitors are able to provide advice and assistance in relation to immigration issues resulting from international surrogacy arrangements. This can be face-to-face or by telephone, depending upon your needs and where you are located.
A typical consultation covers areas like:
- Entering into surrogacy agreements and their enforceability
- Advise on immigration, entry clearance, citizenship
- Guidance on legal parenthood following child birth
- Assisting with language barriers and accommodation for international cases
- Providing guidance on issues like obtaining FRRO clearance
Adoption of children
Our Solicitors can also advise in cases pertaining to children where there is no biological connection between parents and child under the adoption procedure. We offer advice on making of any application for British Nationality or entry clearance to the UK.
Call our office on +91 98191 27002 today to book your appointment with our UK Qualified Solicitors to know more details.
FAQs
In what circumstances can a person apply directly for a British passport without registering the child as a British Citizen?
The UK law considers the surrogate mother to be the legal mother and her husband the legal father. In such a situation the applicant can apply as a a British Citizen.
Also in cases where the surrogate mother is single (unmarried, widowed or divorced), she is still considered the legal mother under UK law. And the biological father is considered the legal father. So if the biological father is a British Citizen Other Than By Descent, under section 2(1)(a) of the British Nationality Act 1981.he will be able to pass on his nationality to the child automatically and apply for a passport directly without registering the child as a British Citizen.
Is the law same in the USA?
In you are a US national and intend to settle your child into the U.S., there are also similar issues of dealing with immigration requirements. If the preliminary legal steps to review the contracts have been undertaken, then acquiring parenthood status in the U.S. may be easier, for instance, through a foreign court process, such as the Californian pre-birth order.
If you more questions or need any assistance,