# Immigration issues and surrogacy



## pharmchick (Jun 7, 2010)

Just out of interest, has anyone undergone surrogacy overseas where they had to apply for a visa to bring back the child (i.e. the child was NOT a british citizen at birth)?


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## NatGamble (Mar 1, 2007)

Hi Pharmchick

We have helped quite a few parents do this - the procedure varies according to the jurisdiction.  In India, it is usual to apply for the child to be registered as British under the Home Secretary's discretionary powers; in the Ukraine/USA/elsewhere the route is normally to ask for an entry clearance visa outside the immigration rules (which typically gives 12 months entry during which you are expected to apply for a parental order, which ultimately makes the child British).  The procedure and evidence required, and how helpful the embassy is, varies from place to place (and even from case to case).

Natalie


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## pharmchick (Jun 7, 2010)

Thanks Nat! Do you have any experience of IPs who applied for an EEA family permit under EU rules for their child in order to come back?


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## NatGamble (Mar 1, 2007)

Hi Pharmchick

I've heard it discussed as a fallback, but haven't seen a successful application in a surrogacy case.  If you PM me, I can give you the contact details for the immigration lawyers who we work with who might be able to help if you need some support or particular advice.

Natalie


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## pharmchick (Jun 7, 2010)

do you mean you have never seen it being used and approved or do you mean you have seen it being used in the first place in surrogacy?


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## NatGamble (Mar 1, 2007)

Hi Pharmchick

I've not yet seen it applied for, but I imagine that doesn't mean it can't be in the right circumstances - I'd suggest you check with the immigration lawyers.

Natalie


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## pharmchick (Jun 7, 2010)

For anyone interested in immigration issues re foreign surrogacy, please watch this space as I am about to apply for visas for my babies. Once their passports are out which should be next week, we will apply for entry clearance from the British embassy. Will update post an update soon.


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## ♥JJ1♥ (Feb 11, 2006)

Good luck pharmchick you must be so excited xx


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