# Overseas Surrogacy: Immigration issues, Parental Orders, Paperwork etc.



## pharmchick (Jun 7, 2010)

I was thinking it would be useful to have a thread where people undergoing surrogacy overseas can share their experiences of the whole bureaucracy process of bringing the child back to the UK. I will post my own experiences and thoughts in a short while as we are just at the beginning of the gestational surro process. Our surro mum is in the USA and had a BFP three weeks ago.


----------



## NatGamble (Mar 1, 2007)

Hi Pharmchick and congratulations on your BFP 

We work with lots of families negotiating these processes, and I'm happy to share our expertise and pop in and answer any questions.

There's also information and resources (which is all correct and up to date) on our website:

Information for British couples going abroad for surrogacy

Surrogacy home page - including judgments on previous international surrogacy cases

Here are the basics:

1. Check whether your child will be born British - your child will usually be born British if your surrogate is single and the biological father is British (other than by descent). If your child is born British, you will be entitled to apply for a British passport before travelling home (in the US your child will be entitled to a US passport but it's dangerous to travel on this alone).

2. If your child is not born British, you will need to apply to the British Embassy in your destination country (after the birth) for either a) discretionary British nationality or b) a discretionary entry clearance visa (typically giving 12 months entry during which you are expected to obtain a parental order). Again, you need to do this before you travel. Which route to follow, what the application involves and how long it takes, varies from country to country.

3. Plan for a stay in your destination country while you get all of this sorted out. You'll need baby kit, flexible flights, accommodation etc.

4. Get prepared to apply for a parental order. You will need this if you want to be treated as the legal parents under UK law (which won't recognise a foreign birth certificate or court order making you the parents). As things stand, international applications are referred to the High Court, and the process is quite involved e.g. with statements, case documents and bundles to prepare - so it's a good idea to get as much of this done before your baby arrives as possible. Bear in mind that there is a great deal of sensitivity here about the issue of payments - if you enter into a commercial arrangement abroad, the court here will have to 'authorise' your payments in order to grant a parental order. Although there are now quite a few cases where this has been done, and the court will prioritise your child's welfare, every case is looked at carefully and individually, including checks to make sure that your surrogate has consented freely, not been exploited, and that you have followed all the legal processes properly.

5. You need to apply for a parental order within six months of the birth - don't miss the deadline or you lose the chance to apply forever.

Hope that helps. Good luck all!

Natalie


----------



## pharmchick (Jun 7, 2010)

Thanks Nat! 

Now my own story: After a series of miscarriages (4 in total all between 16-24 weeks) we decided to go through the surrogacy route. An agency in the USA matched us with our lovely surro mum and she came over to Europe to have the IVF procedure done at Reprofit. She is unmarried but has a partner and two lovely kids. The baby (ies) will be born in the USA and thus will be US nationals.
So far, we have consulted a lawyer about immigration affairs because we are not British citizens: I am an EEA national and my hubby is a non-EEA national with a residence permit for family members of EEA nationals. We were told that we have 2 options of bringing the baby back to the UK: 
1) My hubby will be considered the legal father both in the USA and in the UK because our surro mum is unmarried. Thus the baby will be able to get entry clearance under EU rules as a family member of my spouse. I am not sure if that would be in the form of a family permit (valid for 6 months) or indefinite leave to remain. 
2)entry clearance at discretion, outside the immigration rules: this would involve getting a 12 months' visa for the baby and we have to show that we are likely to get a parental order when we return. 
As you guys can see the whole story is quite complex  
The procedure of terminating the surro mum's parental rights in the USA involve us going to court there and I would have to a step-parent adoption after the child is born. 
I also just found out that most employers won't give an intended mother maternity leave   I really feel that us parents who have to go through surrogacy are really discriminated against in the law. 
Because of the complexity of our case we will get lawyer to help us with getting entry clearance for the baby. I will let you guys know how we are getting on and how the theory ends us being used in practice when we start filing for entry clearance. We were advised to start the process about 3 months before the baby's due date.


----------



## ♥JJ1♥ (Feb 11, 2006)

pharmchick congratulations on your surro's BFP.  I'm following your journey as I am considering a US surrogate and DE's.  Did you use an agency to work with your surrogate- it is great that she was willing to go to Reprofit for tx.  I hadn't thought about that!

It is so unfair about the lack of mat leave for IM's, I did know about it it is crazy as your new baby will need caring for  from day 1 not 6 months later when your PO comes through!  your DH will surely be entitled to paternity leave and 13 weeks unpaid parental leave.

Good Luck


----------



## kiera19 (Jul 2, 2010)

Many congratulations on the positive pregnancy news....

Well i did our Surrogacy in Ukraine, but did months and months of research beforehand. 

Our daughter was granted a British Passport 5 weeks after being born and we returned to England. (My husband was born in England and our Surrogate mother was not married)

We then applied for a Parental order which is a very slow process, but aslong as everything is recorded and done correctly this was a non stressfull process. We are both geneticly related to our daughter and lucky that the Child's court Guardian was very nice.

If i can help with anything please let me know.

best wishes x


----------



## nic100 (Oct 29, 2009)

I am not very clued up on all the rules, but what I was told when being interviewed for the parental order was
that it was good that we had used a clinic and DE from a clinic in the EU as it becomes very very complicated if not.

Good luck x


----------



## pharmchick (Jun 7, 2010)

Kiera, did you get a lawyer to help you with the parental order or did you do it yourself? How long did it take before you got the parental order? What sort of paperwork did you have to present in court? What questions do they ask you at the interview?
JJ, yes I used an agency in Idaho to help us look for a surrogate.


----------



## ♥JJ1♥ (Feb 11, 2006)

keira - i just wanted to say how beautiful your DD is in your avatar


----------



## pharmchick (Jun 7, 2010)

very cute baby indeed!


----------



## LouGhevaert (May 18, 2009)

Hi pharmchick

I just wanted to add my congratulations on your BFP too.

I'm so pleased to hear you have already explored the immigration law position and got to grips with what is required on that front so you can begin to navigate the legal issues after the birth.  Immigration is one of the first "legal hurdles" to overcome.  

As there is no international harmonisation of surrogacy law, you will also need to take care to secure your legal status as a family and this is potentially further complicated by the fact that you are non British nationals.  You will not be eligible for a parental order unless you or your husband (or both of you) are domiciled in a part of the UK (and this is not just a question of where you are living and is instead to do with your permanent roots and connections).  You should get specialist legal advice about this because if you cannot meet the domicile criteria the English court cannot grant you a parental order and it could make a hefty costs order against you to recover the state's legal costs. If you are thinking about discretionary entry clearance to get your baby home after the birth this will, as you say, likely require you to make a parental order application to the English court and so it is critical that you ensure you are eligible to apply.

If you are not eligible to apply for a parental order, it will be advisable for you to understand what this means legally for you and your family whilst you are living in the UK and what the alternative legal options are.  You should in any event investigate issues of legal parenthood and parental responsibility, birth certificate arrangements, the merits of specialist Wills and how best to legally secure your family both in the UK and if you move to another country in future (depending upon you wider future plans as a family).

Surrogacy law is complex, particularly when you are crossing borders and because you have international connections.  Do feel free to contact me directly if you would like further help and guidance.

Best of luck

LouGhevaert


----------



## kiera19 (Jul 2, 2010)

Thank you so mucj for your kind comments about the picture of my daughter. I am white british and my husband is Asian british (hence why she has a tan)

The pic was taken when we where testing out a travel cot for our holidays  .it was perfect...

anyway..... no i did not use a lawyer for our process however i did hours and hours of research. Ours was a straight forward case so less red tape..... because i did do the research.

After my daughter died, and the life saving surgery i was off work for 7 months so used the time to google on the web..... i had my ivf exactly 6 months after kiera was born and my hysterectomy.... i had two choices either i was going to end my life or become strong and try , and try and try ...... then at least i can say i tried. however we where so blessed and our first attempt was positive and now have our beautiful daughter. 

The only interview you have is with the Guardian and that is after you have already met two time and have built up a relationship.... so dont worry, it sounds a lot scary than it is.

We are also Foster Carers, have been for 4 years so use to interviews 

im sure everything will be fine...

best wishes xxxxx


----------



## pharmchick (Jun 7, 2010)

Lou and Kiera, thanks for the info!


----------



## pharmchick (Jun 7, 2010)

It seems that the parental order process can be quite expensive for international surrogacy cases. Kiera, do you mind giving us an idea how much we should expect to pay? By the way, we just found out our surro mum is expecting twins!


----------



## ♥JJ1♥ (Feb 11, 2006)

pharmchick that is fantastic news that your surrogate is having twins congratulations I really hope that the pregnancy goes smoothly for her
L x


----------



## kiera19 (Jul 2, 2010)

hi,

congrats on having twins...... it cost approximately 300 pound to apply for a parental order and we paid to have some of the documents translated but that was it.

best wishes


----------



## pharmchick (Jun 7, 2010)

JJ & kiera thanks!  
Kiera, did you face any problems in obtaining the parental order because of the payments you made to the surro mum (all that issue on "reasonable expenses")? Apart from the surrogacy contract and birth certificate what other docs did you have to present?


----------



## LouGhevaert (May 18, 2009)

Hi 

It's a pleasure! 

Best of luck

LouGhevaert


----------



## pharmchick (Jun 7, 2010)

Can't wait for the first trimester to be over so that I can stop worrying! 5 more weeks...


----------



## LouGhevaert (May 18, 2009)

Hi

Just wanted to point you in the direction of my practice's new multi-media fertility and parenting law website - www.porterdodsonfertility.com. It contains lots of really useful information, video, articles and social media about surrogacy law (as well as lots of other things). It's free and user-friendly so do have a look.

Best of luck

LouGhevaert

This post contains an unconfirmed link/information and readers are reminded that FertilityFriends.co.uk or its owners are not responsible for the content of external internet sites


----------



## pharmchick (Jun 7, 2010)

Kiera, did your DH have to do a UKBA approved DNA test before they issues your baby a passport?


----------

