Passports after surrogacy
If you are going through surrogacy abroad, you will need to consider the process of returning to the UK with your child. You need advice on getting passports after surrogacy.
If the child can be given local nationality, the child will be issued with a local passport. This is the quickest way to return to the UK. Upon your return you may then register the child as a British citizen and apply for a British passport.
In some destinations the child cannot be given local nationality and therefore you will need to deal with British citizenship and the British passport application whilst abroad. You must factor the time and cost of this into your decision.
There is no specialist team at the HMPO dealing with Surrogacy applications and there is almost always a delay. It would not be unusual for you to be waiting around 4-12 weeks for a British Passport.
It may be tempting to use the local birth certificate to return to the UK and not declare that a surrogate gave birth to the child however, please be advised that deliberately lying to the Home Office or HM Passport Office (HMPO) about the birth of a child is a criminal offence, as it constitutes making a false declaration, and can result in prosecution, fines, or imprisonment. While honest mistakes in birth registration can be corrected, intentional deception is a serious matter that could also lead to deportation, refusal of entry, or revoking of British citizenship.
Guide on how to apply for a UK passport for a child born through surrogacy overseas
Passport process – Emergency Travel Documents
Emergency travel documents can be issued if there is a genuine emergency for example, your baby’s health or a war situation. You will need to make your child’s full passport application before applying for an emergency travel document because the HMPO need the supporting documents to consider your case. Make the application first and get your reference number. The online access to the application can be found here or here.
Make an appointment with your local VFS Global for help submitting the supporting documents. You can find your local office on the website link above. The documents that you will need are listed here.
When you have submitted all of your documents, apply to the British Embassy to consider your application for an Emergency Travel Document.
It is always helpful to get a supporting letter from your MP. Get your MP on board early. Your MP will be able to chase the HMPO for you if there is a delay.
You will need a referee from England so have one ready. You will email a picture of your baby to the referee who will then have a video call with you to see the baby allowing them to print and sign the back of the picture and confirm the identity.
Process for citizenship
In certain circumstances, you will need to apply for British citizenship for your child before making an application for a British passport. You apply for citizenship on an MN1 form.
Please feel free to call me for a discussion. If I cannot help you, I recommend Wesley Gryk immigration solicitors in London who specialise in surrogacy cases.
Please call surrogacy lawyers for advice on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk
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I provide legal advice on surrogacy based on the law in England and Wales.
I have acted for clients working with many agencies across the world. I will not recommend any surrogacy provider, destination, agency or clinic. If my advice concludes that you can become legal parents following the arrangement you are considering, it should not be taken as advice to proceed. If I have acted for couples who have entered into similar arrangements, you should not take that as advice to proceed. You must always do your own due diligence on any agency / destination. A successful arrangement for someone else won’t always mean a successful arrangement for you. I will not take part in any negotiations for your surrogacy arrangement nor, will I review your surrogacy contract.