Important Updates
Important Updates
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
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

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

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn 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

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn 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.