SURROGACY AND ADOPTION

SURROGACY AND ADOPTION

Welcoming a child through surrogacy or adoption is a profound and life-changing decision. In the UK, both processes are governed by specific laws and regulations designed to protect the rights of intended parents, birth parents and, most importantly, the child. A thorough understanding of these legal frameworks, from the immigration and nationality perspective, is crucial to ensuring a smooth and lawful transition for all parties involved.

KEY CONSIDERATIONS

1. Pre-immigration processes:
   • Parental Orders: may be required from the UK courts to recognise you as a child’s legal parent(s) following a surrogacy arrangement.
   • Adoption Court Orders: may be required from the UK courts to give you parental rights and responsibilities to an adopted child. If you are adopting a child from overseas, and that country is not a member of the Hague Convention, a further adoption recognition process may also be necessary.
2. Visa versus citizenship: in some cases, adopted children or children born via surrogacy will automatically be British, or eligible to apply for registration as a British citizen. In other cases, the child may only be eligible to apply for indefinite leave to enter or remain in the UK, or a time limited visa in line with that of their parent(s). Sole responsibility may also need to be established in certain cases.

HOW GHERSON CAN HELP

Gherson’s specialist immigration team is experienced in guiding clients through the complex visa and nationality requirements associated with surrogacy and adoption. Our services include:

• Immigration & Nationality Support
  Assisting with securing the appropriate visas or British passports for children born via surrogacy or adopted.
• Cross-Border Coordination
  Liaising with international family law experts and authorities to ensure your surrogacy or adoption arrangements meet both UK and foreign legal requirements.

For more information on the immigration considerations for surrogacy or adoption, or to discuss your personal circumstances, contact us today. Our dedicated team is here to support you through every step of the visa or citizenship process, helping you navigate the relevant legal frameworks and immigration rules.