Passports after surrogacy

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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 such as in the US and Canada,  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 12 weeks for a British Passport.

Guide on how to apply for a UK passport for a child born through surrogacy overseas

Tip – if you have an iPhone you can use it to create excellent quality pdfs of any document required by the HMPO for free. Click here for the a video on how to do this.  

Passport process 

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 online first, get your reference number and then I will get your details added to a list that is being maintained at the Home Office to speed up passports in surrogacy cases.  The online passport application can be found here.  You can do a paper application if you prefer which can be found here.  

Make an appointment with your local VFS Global if you need 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  

If your surrogate is married, you will need to apply for citizenship for your child.  You apply for citizenship on an MN1 form.  

If you need help filing it in just give me a ring, I have seen enough of these completed forms to be able to guide you.

Please contact me at any time at no charge on how to navigate this process. If I identify that your case is unusual and needs specialist attention I will personally refer you to the an immigration lawyer with particular expertise for surrogacy cases in London. This would be very unusual.

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

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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.