Search

How can we help?

Icon

International Surrogacy and UK Immigration Law

Surrogacy from overseas can become a complicated matter which can take several months before you are able to bring your child to the UK. The law surrounding international surrogacy is complex and requires an assessment of international laws.

Surrogacy is only legal in very few countries and for some it is only legal for opposite sex-married couples. In the UK, it is only allowed if the surrogate mother is not paid (you can pay her reasonable expenses but not a fee).

For intended parents, it can be an important step in bringing up a child, especially when they are unable to have children of their own. The process, especially the creation of a genetic link between the intended parents, and the child, can go wrong, if the appropriate procedure is not adopted.

British Citizenship for the child

Different rules apply if the surrogate mother is single or married. If single, the child has an automatic claim to British citizenship (if that child is genetically linked to the commissioning father and can pass on British nationality). If married, the child may have to register as a British citizen (provided other requirements are met).

Visas for children born through surrogacy

If the child does not have a claim to British Citizenship (for example if all of the criteria was not properly met during the surrogacy), the parents may need to apply for entry clearance for the child to come to the UK.

Parental rights

UK Immigration Law and Family law have different requirements, and even if your child is British, you will still need to apply for a parental order in the UK to transfer legal rights from the surrogate mother to the parents.

There is only a limited period for which to apply for a parental order, and the order can be applied for even if the child is not in the UK. In some cases, the Home Office may require this order to register the child as a British citizen.

Registering the birth

If the child has an automatic claim to British citizens, you may be able to register the birth with the Foreign & Commonwealth Office.

Complying with the laws of the foreign country where the child is born

It is important to ensure that the entire process complies with the requirements of the country where surrogacy takes place and the child is born. In some cases, you may also need exit clearance from that country’s authorities before you are allowed to leave the country with your child.

Are you thinking of having a child through surrogacy?

It is important that you seek legal advice at a very early stage. A failure to follow an orderly procedure in a timely manner can cause adverse consequences for you and your child.

The law surrounding international surrogacy is complex and requires an assessment of international laws.

Registering the birth

If the child has an automatic claim to British citizens, you may be able to register the birth with the Foreign & Commonwealth Office.

Complying with the laws of the foreign country where the child is born

It is important to ensure that the entire process complies with the requirements of the country where surrogacy takes place and the child is born. In some cases, you may also need exit clearance from that country’s authorities before you are allowed to leave the country with your child.

Are you thinking of having a child through surrogacy?

It is important that you seek legal advice at a very early stage. A failure to follow an orderly procedure in a timely manner can cause adverse consequences for you and your child.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 16 March 2026
  • Employment

Trade Union Law Changes from April 2026

April brings the next tranche of reforms under the Employment Rights Act 2025 including changes to the statutory recognition scheme making it easier for trade unions to be recognised in the workplace.

Pub
  • 16 March 2026
  • Corporate and M&A

Shareholder Disputes: Managing Shareholder Buyouts and Exits – Episode 3

Join Stuart Mullins and Nicky Goringe Larkin for the third and final episode of our Shareholder Disputes series, where we move from prevention to resolution—exploring what happens when a founder’s exit becomes unavoidable.

art
  • 13 March 2026
  • Employment

When Immigration compliance becomes discrimination: The UK’s uncomfortable workplace balance

UK employers today operate under powerful, and some may say conflicting, legal pressures. On one hand, they must prevent illegal working under UK immigration laws.

art
  • 09 March 2026
  • Commercial Real Estate

Commercial Rent Deposits – A brief overview

A rent deposit is money provided by a tenant to its landlord as security for payment of the rent and performance of the tenant’s covenants contained in the lease.

art
  • 03 March 2026
  • Employment

International Women’s Day 2026 – Supporting equality and inclusion for a better, happier workforce

This year, International Women’s Day is inviting everyone to think differently about equality and how it can benefit everyone. The theme this year is ‘Give to Gain’.

art
  • 02 March 2026
  • Employment

10 facts an employer should know about holding personal data

Personal data is any information that can be used to identify an employee.