Passports for UK citizens Applying for passports for surrogate children whilst overseas

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1 Passports for UK citizens Applying for passports for surrogate children whilst overseas Presented by: Jonathan Wharton, Head of Passport Nationality Policy Date: 5 March 2015

2 Purpose of this session Provide an overview of the passport considerations Useful links Document requirements for a passport What happens when things go wrong? Discussions 2

3 Passport considerations It can take weeks or months to obtain a travel document Local laws and environment Travel document considerations: Nationality Identity Entitlement Child Protection 3

4 Passport considerations Local laws and environment Every country has different regulations and there is not an international standard. Clinics may be operating on a regulated or unregulated basis acceptance of documentation by HM Passport Office is for passports only. HM Passport Office and the Foreign and Commonwealth Office (FCO) may work with local regulators breaches in regulations may be reported. There may be entry and exit criteria know before you go what they are as they may impact on your passport application. Pre-existing local environmental factors are not a reason to expect expedited access to a travel document. In the event of a medical complications local facilities may need to be used and can be costly. HM Passport Office and the Foreign and Commonwealth Office will not reduce checks to facilitate early travel 4

5 Passport considerations - Nationality Under British legislation nationality is taken from the time of birth. The surrogate mother if married will impact on the claim to nationality. Registration of the child will take a number of weeks before the passport application can be made. 5

6 Passport considerations - Identity HM Passport Office will look to confirm the identity of the surrogate mother, links to any claimed husband as well as the commissioning parents and the child. In some countries you have to attend an interview which may result in travelling to another city. DNA evidence may be required which will take time to arrange and be undertaken. Your clinic should be aware of passport requirements; ensure that you have the relevant identity documents, where possible, ahead of the birth but note some need to be dated after birth. 6

7 Passport Considerations Entitlement and Child Protection There is no automatic entitlement to a passport. Child protection and child trafficking are considered as part of the passport application checks are carried out on the surrogate mother, commissioning parents and the child. A passport does not confirm or confer parental responsibility and applying for a parental order is recommended. 7

8 Useful links FCO guidance on surrogacy: How to apply for a passport: UK Visas and Immigration registration: 8

9 Document requirements English translations will be required for all foreign documents Child s birth certificate issued in the country of birth. Consular birth certificates are not accepted. Copy of the surrogacy agreement on headed paper signed by all parties and dated. Any local court or parental orders relating to the surrogacy arrangement. Affidavit from the surrogate mother confirming she is single and if required supporting documentation to prove divorce or death of her husband. Signed and notarised statement from that the surrogate mother confirming that she gives up all rights to the child (unless this has already been acknowledge by court proceedings in a post birth order). Letter from the head doctor at the surrogacy clinic setting out the details of the surrogacy case Identity documents for the surrogate mother e.g. passports, identity cards, driving licence. To confirm the identity of the surrogate mother and linking her to surrogacy arrangement, hospital records and other relevant docs. Where an automatic claim to British citizenship by descent through the commissioning parent(s), documentary evidence that the commissioning parent(s) hold British citizenship. Examples include British passports, full birth certificate, registration/naturalisation certificates. Registration and/or adoption certificate where claim to British citizenship is not by descent Evidence that the commissioning parents are living / domiciled in the UK as a couple (married, civil partners or living together as partners) or confirmation that the commissioning parent is single. Original passports of commissioning parent(s). Where it is a legal requirement to retain passports in the country of the child s birth photocopies can be provided (see guidance notes for details). Photographs of the commissioning parents and the baby from birth to the current time. Antenatal medical reports and scans from the surrogacy clinic/hospital covering the entire duration of the pregnancy. Confirmation that the surrogacy agreement complies with local laws and that the child can legally exit the country in question. 9

10 What happens when things go wrong? Surrogate mother identity or marital status not proven: Registration Adoption Surrogacy agreement and compliance with local laws: Surrogacy legislation changes Birth certificate not issued Exit criteria changes at short notice Medical or environmental factors 10

11 Discussions Facilitated discussion and questions 11