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9th March 2014
Barnes Harrild & Dyer, are specialist immigration solicitors based in Croydon. We write this Article ... Read more ›
7th January 2013
Many will recall various accounts of Commonwealth citizen recruits in the British army being denied ... Read more ›
It is increasingly more popular for both heterosexual and homosexual families to arrange conceiving a child through an international surrogate mother. Legal restrictions upon surrogacy in the United Kingdom have resulted in many people seeking international surrogacy in countries where it is lawful.
Although we are unable to find surrogate relationships or advise on the surrogate arrangement itself, we can advise upon the immigration status of the surrogate child. It is essential that advice is obtained as soon as possible as to the citizenship rights of the surrogate child. It is imperative that the rights of the surrogate child’s nationality are fully and carefully explored.
We will first assess and provide an opinion upon the child’s rights to British Nationality. The law relating to citizenship of surrogate children is complex. The surrogate child may be British by birth and be able to apply for a British passport but in many cases it will not be so simple.
The surrogate child may not be British by birth yet still have good prospects of success in registering as a British national or may not have any prospects of obtaining British nationality at all. In such circumstances we can assist in preparing and lodging applications for the entry clearance to the UK of surrogate children. An entry clearance is a form of visa to enter and reside in the UK.
It is essential that the surrogate child’s nationality is secured in order for the child to travel to the UK, or for entry clearance to be granted without problems that result in delay. It is a condition for the making of a UK parental order in favour of surrogate parents that the surrogate child’s home be in the UK at the time of making the application, and an application for a parental order must be made within the first six months of the surrogate child’s life. A failure to obtain a parental order prevents the parent from having parental responsibility of the surrogate child.
Delay can therefore cause significant problems that can be avoided by seeking advice from us at the earliest opportunity. When advising in relation to immigration law concerning surrogate children we insist on face to face appointments at our office in Croydon.
We can also advise in cases concerning children where there is no biological connection between parents and child under the adoption procedure. We offer advice to determine the impact an order of adoption has upon the adopted child’s nationality and the making of any application for British Nationality or entry clearance to the UK.