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

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.