Returning to the UK
A key factor for you to consider before deciding on a surrogacy destination is the length of time it will take returning to the UK with your child. I can give you information in respect of most destinations. The HMPO need to do checks to prevent any cases of child trafficking. It would not be unusual for you to be waiting 4-12 weeks for a British passport after surrogacy and sometimes less and sometimes longer.
In some countries the process is swift because your child will be issued with a local passport. You will return to the UK on that passport and a visa/COE if necessary then, apply for a British passport before the visa expires.
In most other countries, the child does not get local nationality at birth (unless the child can get local citizenship from one of you) and therefore, you need to follow the citizenship and British passport route which sadly comes with delays. I will help you prepare so that you are ready to proceed as soon as the child is born.
It is a sad reality that child trafficking takes place. Whilst the majority of cases are genuine, there are some cases that are not. For that reason the authorities must make many checks in England with your referees and in the destination chosen with your surrogate and the clinic before issuing 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.
Contact me for advice on how to speed up the process and get a swifter return to the UK.
Please call surrogacy lawyers for advice on returning to the UK after surrogacy on 01727 884 688 or e-mail 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.