COVID -19 – Surrogacy overseas
This is a worrying time for anyone going through treatment or awaiting a birth. You may be concerned about how to get to your new-born or, the speed at which you return home.
I have contacted the Immigration Minister, Home Secretary and my own MP about the passport/ETD rules for children born overseas following surrogacy. I encourage you to also contact your MP. I know that other lawyers are doing the same and a response is awaited. Until then, you should make yourself familiar with the rules about lockdown in your destination and consider the following: –
- Find out about the help available to you from your coordinator and agency. How do you contact them during the lockdown? Be sure to get all contact numbers and detailed instructions on what to do if the lockdown remains in place.
- Travel restrictions are constantly being updated across the world. Make sure that you know about your destination.
- Organise who will take care of your new-born until you get to the destination. Will you need to appoint someone as a guardian according to local law?
- Ensure that you have an updated Will in the UK including appointing guardians.
- The Parental Order process remains unchanged save that Hearings will be conducted remotely. You don’t need to worry about this for now. I will contact you at the appropriate time with full instructions. You will be using Skype, Zoom or even FaceTime.
Immigration following surrogacy – Diana Baxter and Barry O’Leary at Wesley Gryk email@example.com 0207 401 6887
Will / appointing guardians in the UK – Kathryn Caple at Else Law Kathryn.firstname.lastname@example.org 01283 526230
Surrogacy in the UK. Please see up to date guidance from the HFEA.
I provide you with bespoke legal advice from the start of your journey to the end securing legal parent status. Take advice before you start the surrogacy process to ensure that you can bring the child to the UK and become the legal parents.
The Human Fertilisation and Embryology Act 2008 (HFEA) regulates surrogacy in the UK. This legislation is applicable to you regardless of which country the surrogacy takes place in. The legal mother is the lady who gives birth to the child and dependent on the circumstances surrounding the insemination or embryo transfer and her marital status, the surrogate’s husband/partner may be the second legal parent. The only way in which you can completely extinguish those legal rights is to secure a Parental Order. A foreign birth certificate is not recognised as evidence of legal parent status in this jurisdiction.
Please visit the testimonials page to see what other British couples say.