Citizenship after surrogacy

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Citizenship after surrogacy

You will need to get your child British citizenship after surrogacy abroad before applying for a British passport.

If it can be proven that your surrogate is single, the biological father may also be the legal father and  therefore pass British citizenship automatically to the child.  In those cases you don’t need to make a separate application for British citizenship for the child.  You may instead proceed with your application for the child’s first passport.

In some countries you are advised to get evidence that the surrogate is single.  Ideally, this will be an official certificate.  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 single 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 we can help you with that if required.

In countries such as the US and Canada 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.  The process should be prepared for at the beginning so that you can prepare in good time.

Please call our surrogacy lawyers for advice on citizenship after surrogacy on 01727 884 688 or e-mail Harjit directly on harjit@surrogacylawyers.co.uk