In some countries surrogacy may only be legal for opposite-sex married couples who have been married for some time. If you are considering embarking on surrogacy in a foreign country we strongly recommend that you read the following guidance carefully and that you seek specialist legal advice in the UK and in the country you are travelling to before making any arrangements.
The passport and immigration procedures set out in these documents are based on the advice from the Home Office. The Home Office reserves the right to change any of its procedures or requirements without notice. Although you are entering into a surrogacy arrangement overseas, if you intend to settle in the UK you must comply with UK law. Surrogacy is only legal in a small number of countries. In some countries surrogacy may only be legal for opposite-sex married couples who have been married for some time. Under UK nationality law, the mother and father of a child are considered to be the woman who carries and gives birth to the child and her husband, i.e the man she is married to at the time of the child’s conception. If your child is born to a surrogate who is single (unmarried, divorced, widowed), then the child has an automatic claim to British nationality if the commissioning father is British, has a genetic link to the child and is able to pass on his nationality.
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