Citizenship after surrogacy

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Citizenship after surrogacy

With surrogacy cases abroad the biological father may be the legal father if it can proven that the surrogate is single.  If you are a British citizen then your citizenship may automatically pass to the child.  In those cases you don’t need to make a separate application for citizenship for the child.  You may instead proceed with your application for the child’s first passport.  You will need to secure advice on citizenship after surrogacy.

In some countries you are advised to get evidence that the surrogate is single.  If she is divorced or a widow, get copies of the divorce decree, marriage certificate and / or the death certificate for her husband. We have acted in cases where the passport office has not accepted the status of the surrogate and therefore citizenship had to be applied for at a later stage.  This was granted in less than 14days with our help but this process could have been avoided by taking legal advice at the outset.  Citizenship is applied for on an MN1 form and is fairly straight forward.

In countries such as the US, Canada and Thailand where the child can have local nationality, the process to return to the UK is quicker.  Do not underestimate the need for legal advice about returning to the UK with your child.

Please call our surrogacy lawyers for advice on citizenship after surrogacy on 01727 884 688 or e-mail Harjit directly on