Surrogacy and Adoption Order

Surrogacy

Surrogacy is defined as an arrangement “when another woman carries and gives birth to a baby for the couple who want to have a child”.  When entering such an arrangement the surrogate mother may be the child’s genetic mother – known as traditional surrogacy.  Or the surrogate mother may have no genetic relation to the child – gestational surrogacy.  

Following on from the birth of the child born through surrogacy, the birth mother is still regarded in law as the child’s mother and will be named as such on the child’s birth certificate.  However, this may not continue to be the case for a significant period.  The intended parents, the couple who arranged for the surrogate mother to carry the child can apply to the High Court for a Parental Order.  Once the Parental Order is made this allows them to re-register the birth and be named as the child’s parent.  The regulation that oversees this is the Human Fertilisation and Embryology Act 2008.  We are experienced in advising and representing intended parents applying for a Parental Order.

If a surrogacy arrangement takes place in the UK an application for a Parental Order can be made following the birth.  However, if a surrogacy arrangement has been entered into abroad in a jurisdiction where the UK recognises surrogacy arrangements entered in that jurisdiction consideration will need to be given about the application that needs to be made to the Home Office before the child is able to enter the UK lawfully. In the absence of proper planning in advance of the birth, the child can remain restricted within the birth country for a significant period.

International Foreign Adoption

We specialise in international foreign adoption.  Usually, adoptions for countries outside of this jurisdiction fall int three categories:

• Hague countries

• Designated list countries

• Countries that do not fit into either of the above

Hague Convention Countries

The UK is signatory to the 1993 convention of protection of children and cooperation in respect of inter-country adoptions (Hague Convention).  If you wish to adopt a child from another country outside of this jurisdiction which is a signatory to the Hague Convention then you will need to follow the process the convention lays out.  

In this jurisdiction the Department of Education oversees the Hague Convention adoptions.  A Hague Convention adoption is recognised in this jurisdiction and the parents will not need to re-adopt the child once the child enters into the UK.  If one of the adoptive parents is a British citizen then the child would automatically be granted British nationality.

Designated List Countries

There are countries on the designated list that are named in the Adoption (Designation of Overseas Adoptions) Order 1973.  When an adoption is made in any of these countries then that Adoption Order is recognised automatically in this jurisdiction.  However, unlike Hague country adoptions there is a requirement to make an application for British citizenship for an adopted child and this is where our immigration department can assist in making such an application. The decision to grant British nationality is entirely at the discretion of the Home Office and thus it is essential that such an application is made by an experienced immigration representative.

Adoption From Other Countries

If you wish to adopt a child from another country that is not a signatory to the Hague Convention or Designated List, then the adoption will not be recognised in this jurisdiction.  We can discuss with you the options available to you and the route you may wish to take dependant upon whether you live in the UK or outside this jurisdiction with the child.

Our family and immigration lawyers have the experience you can rely on to navigate through the complicated process of adopting a child from overseas.  We approach each case in a bespoke manner, and we ensure that every family is supported through this inter-country adoption process.

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