Prospective parents should seek legal advice before for surrogacy arrangements abroad

Posted by Eleanor Armstrong on
Surrogacy agreements abroad

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The Foreign and Commonwealth Office (FCO) has started a campaign encouraging prospective parents to seek professional legal advice before entering into surrogacy arrangements abroad.

As part of the campaign, the FCO has launched new guidance providing useful information about the type of issues that parents might face should they decide to embark on a surrogacy arrangement in a foreign country.

The following are the FCO's top tips and advice for anyone considering a surrogacy agreement:

  • The process for getting your child back to the UK can be complicated, can take several months to complete and may vary depending on whether the surrogate mother is married.
  • UK travel documents can take up to 6 months to process - check HM Passport Office's passport tool to find out details for the country where your surrogacy arrangement will take place.
  • There are often foreign visa requirements for individuals travelling for surrogacy.
  • Surrogacy is only legal in a small number of countries - in some countries surrogacy may only be legal for opposite sex couples who have been married for some time.
  • As well as getting a passport for your child, you will also need to apply for a parental order in the UK to transfer legal rights from the surrogate mother to you and your partner.
  • It's vital that you research prospective surrogacy clinics and hospitals thoroughly to ensure you are dealing with a safe, responsible and reputable organisation.
  • Another key thing to bear in mind is the medical costs that surrogacy involves could be substantial and anyone considering a surrogacy agreement needs to ensure that they have adequate private medical insurance in place to cover those bills.

For further information on the campaign please contact the Know Before You Go team directly on 020 7478 7840 or

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About the Author

Photograph of Eleanor Armstrong

Eleanor is a Senior Associate in our Travel team. Eleanor has a degree in Translating and Interpreting (German/Spanish) and is also fluent in French.

Eleanor Armstrong
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023 8085 7319

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