# Traveling with babies before parental order is granted



## alwayshope (Nov 18, 2011)

I was wondering if anyone can help me with this question. Our surrogate is pregnant carrying our twins. Is it possible to travel abroad when our babies are born prior to the parental order being granted? As our surrogate is married neither of our names would be on the birth certificate, so I was wondering how this affects traveling with our baby at this time?

Your thoughts will be much appreciated.

BW
AH


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## NatGamble (Mar 1, 2007)

Hi AH


If you want to apply for UK passports for your babies before you get your parental order, your surrogate and her husband (as they are the parents at this stage) will need to apply and to sign the form etc.  You will also need their written permission to take the children out of the UK, and this is very important since you commit a criminal offence if you do not have this.


The worry is always crossing the border and any questions that might be raised because you are travelling with young babies who are not legally your children.  Although the parents' details are not recorded on the passport, so this might not be realised, your surrogate and her husband will be registered as the parents and will have completed the passport application on this basis, so there is a risk.  I would therefore always suggest a full letter from them explaining the circumstances and giving permission in case any questions are raised.  There are also possible issues which might crop up if you have any problems e.g. with travel insurance etc (are they on your family policy?)


The easiest advice is to say wait to travel until you've got your parental order - it's certainly cleaner - but hope this helps if you need to go abroad earlier.  I would be really interested if others have real practical experience of this, and any problems experienced.


Natalie


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## alwayshope (Nov 18, 2011)

Thanks for this information Natalie. It´s really useful. When you said there is always a ´risk´, does this refer to not being able to travel if the border officials perhaps don´t understand the letter from the surrogate and her husband? Also, the passport would presumably have their surname on and not ours. Is this correct? 

I would love to hear anyone else´s experiences who have travelled abroad prior to the parental order being obtained.

BW

AH


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## Bria (Nov 3, 2005)

Hi

My couple travelled several times before the Parental Order was granted (it took almost 2 years due to delays caused by the solicitor appointed by the court) and I know other who have as well.  I am married but our registrar put the IF on the birth certificate so he applied for the passport with my details as the mum.  We were later told this was incorrect and my husband should have been on the birth certificate but nothing was done to rectify this so I am not sure if it was indeed a problem or not.

Assuming you are giving your baby your surname then this is the name that will be on your baby's passport, so very unlikely any questions will be asked.

If you have your children named on a family insurance policy and you needed to claim then I can't imagine this would cause a huge problem.  One of my friends took her sons friend on holiday with them and it was no problem adding him to their insurance policy as a dependant minor.  You just have to make sure you choose the right policy.

I would take a letter as back up if required but I really think you will be fine.


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## NatGamble (Mar 1, 2007)

Yes, that's right - you can give your baby your surname (as long as your surrogate agrees!) so there's nothing on the face of the passport which says that you are not the parents, which is helpful.  The risk is that the passport authorities have a record of your surrogate/husband as the parents because that's what went on the passport application form.


Having a letter from your surrogate and her husband is essential (even if you just keep it in your back pocket in case) since you could be stopped for child abduction if the border control officials think you are taking a child out of the UK without the parents' permission.  


Bria - it's good to hear that your IPs didn't have any problems.


Natalie


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## alwayshope (Nov 18, 2011)

Thanks Bria and Natalie,

This is really encouraging. So when the application is made for the passport, we could put our surname for the babies and then a passport is made out in our surname, even though we give in the birth certificate with different surnames from the surrogate and her husband? Or do you mean that the birth certificate that we give in with the passport application has our surname on it instead of the surrogate and husband´s? Sorry, am a bit confused.

BW

AH


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## leo (Mar 7, 2005)

Hi you can give your child any surname you want on the birth certificate, the surro and her husband would be named as the birth parents. When we registered a surro baby we asked the register could we put the IP's surname down and she said the baby can have any surname we wanted.


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## NatGamble (Mar 1, 2007)

Hi AH

Sorry if I was confusing!  Leo is quite right - you can register the birth certificate giving your children your surname (even though your surro and her husband will be registered as the parents and will have a different surname), and that then follows through to the passport too.

Hope that clarifies.

Natalie


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## alwayshope (Nov 18, 2011)

Thanks Natalie, Leo and Bria, 

It's all clear to me now  Putting our surname as opposed to our surrogate's could be the solution.

BW

AH


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