British citizenship for a child

[2ukboyz]

My son was born in India via surrogacy arrangement. We were granted a parental order for our son from the High Court, and a full British birth certificate was issue for him.

Both parents listed on the birth certificate are present in the UK under EEA law. We will automatically become permanent residents next month because we were exercising EEA Treaty Rights for five years.

My question is:

1. Can I apply for my son’s British Citizenship under Section 1(3) (Children born in the United Kingdom to parents who are now settled in the United Kingdom) by using form MN1?
2. Can I apply for my son’s British passport without applying for his citizenship using MN1, since we were granted a parental order?

Thank you and I look forward to your response.

[SBoards]

Hi there
Nice to know you have son. I am expecting surrogate baby in India. I will appreciate if you help me to fill MN1 form. My mobile no. Private.
Hope to hear from you soon.
Thank you
S

[vinny]

Posting personal telephone numbers is not recommended.

[krish-UK]

Hi 2ukboyz

child born through surrogacy in india- we wants to apply for parental order in uk

We are French citizen living in uk for morethan 7 years since then have been exercising EU TREATY RIGHTS.
Could you kindly advice me on following please.

1) can I apply for british citizenship for the child ?
1) how can I apply for INTERNATIONAL SURROGACY PARENTAL ORDER IN UK (applying procedure and which forms to be downloaded)

please advice me on this please.

Kind regards
krish

[Robyno]

Hi there, I have just joined this page and found your post about being French Nationals living in U.K looking for U.K visa for surrogate child. We are Irish Nationals living in U.K for over 5 and a half years and are currently about to leave for India as our child is due to be born in the next few weeks. We have been getting conflicting information from our lawyers as to how to come back to the U.K. Obviously we have Irish passports, but also a U.K residency card as we have lived here for over 5 years. Is it possible to return via the British consulate in New Delhi with our surrogate child and our Irish passports? Any info at this time is absolutely priceless. Thank you.

[fwd079]

Hi there, I have just joined this page and found your post about being French Nationals living in U.K looking for U.K visa for surrogate child. We are Irish Nationals living in U.K for over 5 and a half years and are currently about to leave for India as our child is due to be born in the next few weeks. We have been getting conflicting information from our lawyers as to how to come back to the U.K. Obviously we have Irish passports, but also a U.K residency card as we have lived here for over 5 years. Is it possible to return via the British consulate in New Delhi with our surrogate child and our Irish passports? Any info at this time is absolutely priceless. Thank you.

Click here for timing for UK visas from India. As you are EEA PR holders so settlement case applies to you.

I am no expert in surrogacy but please click here and see this section 6. Visa applications for children born through surrogacy. Also check the specific Indian regulations regarding surrogacy.

But I would strongly suggest seeking professional advice if you are unclear after going through provided links.

You can also read through this old link specially Appendix 3, regarding EEA nationals holding PR status in UK.

[Simpleuk]

Hi

Our child is born thru surrogacy in india & we've ILR status in UK. How can we bring child to UK & do we need parental order?

Regards,
Sim

[sudsam]

Hi Sim,

We are planning for surrogacy and visited few clinics last week. We both hold ILR and wondering how to bring the child in to UK after birth.

Guidance on Inter-country surrogacy in gov.uk is written for British nationals and not clear if it is same for ILR. I you have found some answer to your query through this forum and could I please request you to share it with us to help us with next steps.

[Moderator edit: Please keep your queries restricted to immigration matters]

Thanks in advance.

Regards,
Sam