Important Updates
Important Updates
March 17, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
March 18, 2026 | United KingdomCareMarkets: Cost of Non-Compliance
March 18, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
March 17, 2026 | IndonesiaIndonesia: Mandatory Job Vacancy Reporting Requirement Enforced
March 17, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
March 18, 2026 | United KingdomCareMarkets: Cost of Non-Compliance
March 18, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
March 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
March 17, 2026 | IndonesiaIndonesia: Mandatory Job Vacancy Reporting Requirement Enforced
March 17, 2026 | New ZealandNew Zealand: New Work Visa Options for Graduates Announced
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

Construction Management: What Tougher English Rules Mean for Construction Employers

Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.

Learn more

Visas

FIFA Mexico 2026 World Cup Entry Requirements: Visa and Immigration Guide

Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Media mentions

Global Mobility Lawyer: Give to Gain: Strengthening Safety and Legal Pathways for Migrant Women Experiencing Abuse

Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Conflict Puts Multinationals’ Crisis Plans Under the Microscope

Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.

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.