If the child is entitled to British Citizenship, the most straightforward route may be to apply for a UK passport from overseas. Please see the section below for further guidance on the passport application process. In many instances, the complex nature of surrogacy will mean that an application for a UK passport will also be complex as a result of which the processing time of the British passport application may be longer than the standard service standard for British passport application from overseas.

You will need to provide a number of documents in support of your application for a British passport for your child or children. Our specialist team of immigration lawyers can help you with this application. You will need to provide:

• Documentation regarding your surrogacy arrangement including any legal agreements – signed by all parties
• Medical evidence if your surrogacy arrangement has involved fertility treatment; and/or documentation from the surrogacy organisation about the circumstances of the surrogacy.
• Any pre or post birth court orders issued in the country where the surrogacy procedure and/or birth took place.
• Consent from the surrogate mother confirming that she has given up any rights to the child and where relevant from her husband if married at the time of conception or in line with local laws.
• Documentation confirming the marital status and identity of the surrogate mother.
• Birth certificate.
• Proof that your child has a claim to British nationality.
• Proof of your identity (for example, your passport or birth certificate).
• Proof of your marriage or civil partnership (if this is relevant to your application).