Important Updates
Important Updates
January 29, 2026 | European Union, IndiaEuropean Union/India: Joint Strategic Agenda Includes Launch of EU Move Information Center in India
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
January 30, 2026 | 🌐Minimum Salary Changes Announced
January 30, 2026 | United StatesUnited States: USCIS Announces H-1B Cap Registration Schedule for FY 2027
January 29, 2026 | DenmarkDenmark: Positive Lists Updated
January 29, 2026 | European Union, IndiaEuropean Union/India: Joint Strategic Agenda Includes Launch of EU Move Information Center in India
February 2, 2026 | United KingdomFragomen's Immigration Guide for the UK Tech Sector
January 30, 2026 | 🌐Minimum Salary Changes Announced
January 30, 2026 | United StatesUnited States: USCIS Announces H-1B Cap Registration Schedule for FY 2027
January 29, 2026 | DenmarkDenmark: Positive Lists Updated
January 29, 2026 | European Union, IndiaEuropean Union/India: Joint Strategic Agenda Includes Launch of EU Move Information Center in India
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

No Child’s Play: Overseas Surrogacy Agreements and UK Immigration Law

September 8, 2016

Azeem-Mohiuddin

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Azeem Mohiuddin

Many parents considering entering into a surrogacy arrangement are increasingly looking at their options available overseas. According to the British Surrogacy Centre, ‘hundreds of couples’ travel to the USA and other international destinations in search of surrogates every year.

Nonetheless, and perhaps because of the moral, social and ethical factors to consider, the law on overseas surrogacy and its relation to immigration law remains complex and uncertain. This is compounded by the lack of updated advice from the Home Office (the most detailed note being published in 2009).

In this blog, we take a look at some of the general principles to understand and the potential routes of entry to the UK for the surrogate child.  

General principles  
 
1. The Parents and the law
 
Under UK law, the mother of a child is always considered to be the woman who carries and gives birth to the baby. If she is married at the time of the child’s conception, her husband will generally be considered the father. Furthermore, UK law will always be enforced regardless of the law of the country where the child was born.
 
2. Parental Responsibility
 
Parental responsibility refers to the duties, powers, responsibilities, and authority a parent has for a child.  In some cases, in order to transfer parental responsibility from person to another person, a Parental Order needs to be applied for from the UK courts between 6 weeks and 6 months after the child’s birth.
 
3. Commissioning couple
 
The commissioning couple are those who enter into the surrogacy agreement to become the parents of the child. In most cases, one of the commissioning parents will have a genetic link to the child.  If there is no genetic link to the child, however, there is no available route for the child to enter the UK.
 
Entering the UK with the child
 
Most surrogacy cases will fall into the scenarios detailed below. The route of entry to the UK for the child will, therefore, depend on the scenario at hand:
 
1. Unmarried surrogate mother
 
Where the surrogate mother is unmarried and the male of the commissioning couple provides the sperm, he will be considered as the child’s father, so long as he is identified as the father on official documentation and can prove his connection by way of accredited DNA evidence.
 
If the commissioning father is a British citizen (and was born in the UK), the child should, therefore, be deemed to be British by descent. An application for a British passport can be made at the nearest British Diplomatic Post in the child’s country of birth. Once issued, the child will be able to travel freely to the UK with no need for a visa.
 
If the commissioning father is not a British Citizen, however, or is unable to pass on his citizenship to the child,  then an application to enter the UK under the Immigration Rules may instead be possible. In other words, the child would need first need to apply for a visa to enter the UK.
 
2. Married surrogate mother or the commissioning mother having the genetic connection.
 
In these circumstances, the matter becomes much more complex. The genetic make-up of the child would be irrelevant as the commissioning parents would not automatically be deemed to be the legal parents.  
 
Provided either of the commissioning couple has a genetic connection with the child, entry outside the Immigration Rules at the discretion of the Secretary of State may be possible. Such entry clearance will only be granted on condition that a Parental Order is applied for and where evidence suggests that such an order is likely to be granted.
 
Pre-planning is key
 
If you are considering entering into an international surrogacy agreement, you will no doubt have a number of issues to consider. As one can see above, however, with so many variables at play, it is vital that couples seek specialist immigration and family law advice well in advance of embarking on such a complicated journey.   
 
Furthermore, it is strongly advisable to contact the relevant British Diplomatic Post as far in advance as possible to ascertain what, if any, support and information they can provide. 
 
Learn more about Azeem Mohiuddin and our London office.

 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Azeem Mohiuddin

Partner

Doha, Qatar

Email

[email protected]

T:+974 4019 1101

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

Future-Proof Your Status: Why Applying Early for Singapore PR Makes Sense Now

Assistant Business Immigration Manager Shirley Kock and Senior Business Immigration Consultant Eunice Leo examine why applying early for Singapore permanent residency can strengthen long-term outcomes for foreign professionals and their families amid increasing competition and evolving immigration policies.

Learn more

Blog post

British and Irish Dual Nationals: UK ETA Rules and Passport Requirements

UK Government Affairs Strategy Director Shuyeb Muquit outlines key passport and documentation considerations for British and Irish dual nationals as the UK’s Electronic Travel Authorisation (ETA) scheme moves into full enforcement from 25 February 2026, warning that failure to carry proof of British or Irish citizenship may result in boarding delays or refusal.

Learn more

Media mentions

Le Monde: La moitié des nouveaux arrivants en France sont étudiants ou réfugiés

Senior Manager Géraldine Renaudière highlights how evolving policies and growing talent visa programs are shaping France’s immigration landscape.

Learn more

Video

Costa Rica Visa Options Explained: Which Residency Path Is Right for You?

Senior Immigration Consultant Adriana Martinez Garro outlines the main visa and residency options available in Costa Rica, offering a practical overview for visitors, remote workers, retirees, investors and families exploring short- or long-term pathways.

Learn more

Awards

Nadine Goldfoot and David Crawford recognized in Uglobal Immigration Magazine’s Top 25 Global Migration Attorneys list

Managing Partner Nadine Goldfoot and Senior Counsel David Crawford are recognized in Uglobal Immigration Magazine’s 2025 Top 25 Global Migration Attorneys list.

Learn more

Media mentions

Gazeta Prawna: Dlaczego urzędy odmawiają nadania obywatelstwa? Nowe zasady weryfikacji wniosków

Partner Karolina Schiffter addresses the rise in Polish citizenship refusals and the impact of automated decision-making on individual cases.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.