Post
by ats123 » Thu Jul 11, 2019 11:05 am
Hi CR001
Many thanks for your reply and for that very helpful guidance which is new and I haven't seen before.
We're going through the process in another European country, where the surrogate mother is married and neither she nor her husband are British (or EU) citizens. I am the biological father, and British otherwise than by descent. Surrogacy here occurs after a formal court process which assigns parental responsibility, and legal paternity/ maternity pre-implantation. The birth certificate therefore just states my wife and my names as parents. We have followed both local and UK processes 100%, and we also fulfil all the HEFA requirements to apply for a parental order (which we will do when we return to the UK, but cannot be done before). My understanding therefore is that our son is not British, but eligible to apply for discretionary registration under Section 3(1). We have both local and UK lawyers with specialist surrogacy interest who believe this to be the case (though it is of course discretionary).
Initial concern is with the process for biometric enrolment- we will have to make plans to travel across the country with a new born in a narrow window, but am worried if it is a mailed invitation then it may not arrive in time or even at all.
Best wishes
A
