# UK Citizenship for our baby



## 2guys (Jan 30, 2011)

Our situation is rather complex so I will try to include as much information as possible. We are a gay couple. I am Malaysian and my partner is Scottish. We currently live in Singapore. We are in the process of getting a Civil Partnership as well as considering starting a family. As surrogacy is illegal in Singapore and all the surrogacy agencies in UK do not seem to take any more applications for intended parents (especially not from couples outside UK), we have been exploring the possibility of surrogacy in India. However, we are facing the following issues:

It is vital that our baby/babies obtain British citizenship. Would my partner be considered domiciled in the UK? He has lived in Singapore for 3 and a half years with an employment pass. We are both not permanent residents in Singapore. We understand that his being domiciled is vital to obtaining a parental order. It would be almost impossible for the baby/babies to obtain Malaysian citizenship as gay partnerships are not recognised in either Singapore or Malaysia. Single men find it difficult to obtain Malaysian citizenship if the child is born outside Malaysia.

The costs of a Ukrainian egg donor is about USD$15000 and the surrogacy process in India is about another USD$25000-30000. Is this considered a 'reasonable' amount as we know that commercial surrogacy is illegal in UK?

If the child is genetically my partner's (using his sperm), can i legally adopt the child as a Malaysian under UK law even if i am not British myself? If the child is genetically mine (using my seprm), can we still obtain British citizenship and a parental order if i am Malaysian?

We have heard that the whole process  of obtaining a birth certificate and UK passport takes up to 3 months after the baby is born. During this period couples who have used surrogacy have to stay in India while awaiting a British passport for the baby. Is there any way this process can be sorted out prior to the birth of the baby/babies?

With my partner being Scottish, are any of the rules different? I know you are an English lawyer but do you have any experience with a Scottish individual seeking surrogacy in India?

I would appreciate any help you could give us with regards to this matter. Many thanks!


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## LouGhevaert (May 18, 2009)

Hi

There are many legal issues to navigate - as there is no international harmonisation of surrogacy law and you have a complicated international dimension to your situation.

Whether your child will be entitled to British citizenship or able to apply for British citizenship will depend upon a range of factors including the marital status of your surrogate and which one of you will be biological father and you will also need to keep abreast of immigration policy and practice in India which can be fast moving.  You will also need to ensure you have the correct travel clearance to ensure you can safely return home after the birth.  You would therefore be wise to grapple with these immigration law issues before you proceed and ensure you have a clear understanding of what is involved.  You could think about preparing the necessary immigration papers in advance of the birth, although my understanding is that under English law you can't lodge the application until after the birth.

In order to be eligible to apply for a parental order in the English court (which reassigns parental rights from the surrogate and if married her husband to you as the intended parents) you would need to meet all of the prescriptive legal criteria.  One of these criteria requires one or both of the intended parents to be domiciled in the UK.  "Domicile" is to do with where a person's permanent roots are and not necessarily where they are currently living and the court will look at the person's situation as a whole in evaluating this.  It is vital that your partner can meet the domicile criteria otherwise the English court cannot grant a parental order and could make a hefty costs order against you for being unsuccessful in your application.  You should take expert legal advice about this and your situation as a whole before proceeding.

As an English lawyer, I cannot comment on the legal process for a parental order in Scotland. All I can say is that the all international parental order applications in England and Wales are currently referred to the English High Court where they are dealt with by experienced family law judges which helps to manage the legal process efficiently.

All the best

LouGhevaert


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