Surrogacy for UK Citizens in India – Legal Guidelines Explained!

Yes, International surrogacy is a complex area. The process to getting a child back to the country can be very long and complex, or may take several months to complete. In some countries, surrogacy may only be legal for opposite-sex married couples who have been married for some time. If you are thinking going aboard for surrogacy, we robustly advise that you read the guidance carefully and that you look for specialist legal advice in the country you are travelling to before making any arrangements.
In India for UK citizens to have surrogacy legally, the passport and immigration procedures embarked in these documents are based on the advice from the country’s Home Office. This country’s Home Office sets aside the right to alter any of its procedures without notice. Although you are becoming involved into a surrogacy arrangement overseas, if you mean to reconcile in the UK you must stick to UK law.
Also you should bear this in mind when entering into a surrogacy agreement overseas. As well as getting a passport for your child, you will also require to apply for a parental order to move the legal rights from the surrogate mother to you and your partner. There is only a small, fixed period in which you may apply for a UK parental order.

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 British Couples for Surrogacy in India

If you are based in the UK and are looking India for surrogacy, it means to explore the legal issues cautiously. The law does not enlist globally, which signifies that, even if the law is simple in the country where your child is born, you will require taking added steps to secure your parental status in India. At us, find out more about how British surrogacy law applies if you are British (or based in the UK) coming to India for surrogacy.

Indian Visa and Entry Clearance Requirements

  • It is significant that you appreciate the requirements of the local Indian authorities if you believe entering into surrogacy in India.
  • Type of Visa for foreign nationals meaning to visit India for Commissioning Surrogacy and conditions for grant visa for the purpose.
  • Common Instructions for Registration by Foreigners.

When applying for a visa to go in India for the purposes of surrogacy you may be asked to offer a letter from the British High Commission making clear the UK rules around surrogacy. So you may hit upon a copy of the British High Commission standard letter for medical visa applications at the end of this guidance.

 British Nationality and Passport Facilities

Under UK nationality law, the mother and father of a child are regarded as to be the woman who carries and gives birth to the child and her husband, i.e. the man she gets married to at the time of the child’s conception. In some countries, where same-sex marriage or civil partnership gets itself legal, this may pass on to the birth mother of the child and her same-sex spouse at the time of the child’s conception.

This represents that even if your names emerge on the local birth certificate, a baby born to a foreign national surrogate mother who gets married will not be automatically suitable for the British nationality. In this case, you will require to first apply for Home Office registration of a child under 18 as a British citizen, before applying to a passport for the child.

If the surrogate mother occurs as single or widowed/divorced then you do not need to apply for registration of the child and you can apply for a passport if the commissioning father is British, has a genetic link to the child and is able to pass on his nationality. Also you can find further information on this in the Home Office guidance.

 Parental Rights

If your child is allowed to a British passport, you will still need to apply for a parental order in the UK to transfer legal rights from the surrogate mother to you and your partner when a surrogate is used to have a child.
There is only a fixed period in which you could apply for a parental order. For the intention of a UK parental order, the surrogate mother must provide her consent for paternity to be passed on to the commissioning parents. This consent can only be given 6 weeks after the child is born.
Also you can’t apply for a parental order once the child is older than 6 months. The child does not essentially need to be in the UK for parents to obtain a parental order. You could hit upon more information about the requirements and procedure to apply for a parental order in the UK. In certain cases, the country’s Home Office requires a parental order in order to register the child as a British Citizen. If you fall into one of the categories that need to a parental order to register your child as a British Citizen, we strongly propose you look for a specialist legal advice.

 Specific Indian Visa, Entry and Exit Clearance Requirements

The Indian Government has precise Entry and Exit requirements for couples taking a trip to India for the surrogacy. If you are thinking to embark on surrogacy in India, you should make sure that you have the medical visa for surrogacy before stepping in the country and should make this complete period into your planning as we cannot further your case. Parents believing to enter into surrogacy in India must understand the following information.

 Indian Exit Clearance

In order to leave India, you will need to arrange Indian exit clearance that will let your baby to depart India. Once your baby gets a British passport, you should apply to the Foreigner’s Regional Registration Office (FRRO) in the state where your child was born for Indian exit clearance. You should be allowed for enough time to complete this process that could take a few weeks.
Please note that the FRRO may desire to be satisfied that you have resolved all your bills with the clinic and with the surrogate mother before granting to Exit Clearance. Therefore, you should get letters from both parties verifying this.

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