Managing Surrogacy Citizenship and Child Passport Issues
Imagine you’ve successfully completed your surrogacy journey in your chosen destination and are now preparing to return home with your newborn. However, navigating the legal requirements for your child’s citizenship and passport can be overwhelming if not planned in advance. Without the necessary documentation, you may face unexpected delays and complications.
At African Fertility, we recognize that the surrogacy process can already be demanding, and dealing with legal formalities adds another layer of stress. To help you avoid any last-minute hurdles, we have compiled a comprehensive guide outlining the rules and regulations regarding citizenship and passport requirements for your surrogacy baby.
Our team provides expert guidance and legal support to ensure a smooth transition for you and your child, helping you complete all necessary documentation efficiently
Surrogacy and Immigration
Each country has its own laws and regulations regarding surrogacy and the immigration process for the child. Therefore, intended parents should contact their home country’s embassy to understand the specific legal procedures involved. Additionally, embassies may require certain documents from the intended parents to process the child’s citizenship and travel documents.
Intended parents have two options: they can either reach out to the embassy directly or work with a local legal expert who specializes in surrogacy and immigration. A lawyer can help navigate the complexities of legal paperwork, ensuring a smooth and hassle-free process
To move forward with the remaining procedures, intended parents must first:
To establish the child’s citizenship by descent, intended parents must first prove their own nationality and the biological connection to the child. This process often requires a DNA test along with the submission of all necessary documents. Depending on embassy procedures and DNA test results, the process may take one to two weeks to complete.
Additionally, to verify that the child was born through surrogacy, intended parents must provide a local birth certificate along with supporting documents, such as:
Hospital records
IVF treatment reports
Medical assessment confirming the surrogacy process
Ensuring that all required documents are in order can help avoid delays and streamline the registration process
Intended parents must provide evidence that the surrogate mother has legally relinquished her parental rights, allowing them to take the child to their home country, apply for citizenship, and complete any required legal adoption processes.
In some cases, embassies may require a court-ordered custody ruling or a parentage decree from the intended parents. If this is necessary, the process may take significantly longer than obtaining a simple affidavit of consent.
As part of the surrogacy agreement, the surrogate mother may formally waive her parental rights and acknowledge the intended parents as the child’s sole legal guardians. While this is often sufficient, embassies may request additional documentation. The surrogacy agency handling the process should be prepared to provide any required legal paperwork to ensure a smooth transition
The process of obtaining a passport for a child born through surrogacy typically takes two to three weeks, though expedited processing may be available upon request.
Intended parents are responsible for applying for the child’s passport. However, the African fertility Agency or legal representative can assist with completing the necessary paperwork and ensuring that all required documents are submitted correctly.
To avoid delays, it’s important to have the following documents ready:
Birth certificate of the child
Proof of parental rights (custody order or parental declaration)
DNA test results (if required)
Citizenship documents of the intended parent
The process of legally transferring parental rights from the surrogate mother to the intended parents depends on the surrogacy laws of the country where the arrangement takes place.
In Kenya, intended parents are legally recognized as the child’s parents from birth.
In other countries, intended parents must apply for a parental order before proceeding with legal adoption. Once they return to their home country, they may need to file for parental recognition or adoption, which can take several months
Intended parents should be aware that in some countries, same-sex surrogacy is not legally recognized, which may complicate or even prevent the adoption process
Most countries that regulate altruistic surrogacy have a legal process in place that allows the surrogate mother to formally relinquish parental rights and transfer them to the intended parents. For example:
In the UK and Australia, a parentage transfer must be completed after the intended parents return home.
This usually involves filing a petition in regional courts with the help of a local attorney
While the basic citizenship process remains the same across embassies of a given country, the interpretation and enforcement of laws may vary. Local Consul Generals often have discretion in how they apply federal regulations, meaning the requirements for surrogacy petitions may differ slightly from one consulate to another.
To avoid unexpected delays, it’s best to contact your home country’s embassy in advance and confirm the specific requirements for:
Parental order applications
Obtaining a passport for the surrogate-born child
Legal recognition of the intended parents
Surrogacy in Kenya
Surrogacy in Kenya is currently unregulated. However, under Kenya’s Family Laws, intended parents must file a petition in court to be legally recognized as the child’s parents.
With the court order document, the intended parents can then proceed with their home country’s legal procedures for citizenship, adoption, or parental recognition when they arrive back to their native country.
Kenyan Parents Seeking Surrogacy Abroad
Since Kenya does not have specific surrogacy laws, anyone can legally proceed with a surrogacy arrangement without concern for legal repercussions. Kenyan parents pursuing surrogacy in another country must comply with that country’s surrogacy regulations but generally face fewer legal obstacles when bringing their child home
What Intended Parents Should Know About Surrogacy Citizenship Issues
Navigating citizenship for a child born through surrogacy can seem complex, but following the right legal steps can make the process smoother. Here are some key points to keep in mind:
1. Consult a Legal Expert in Your Home Country
The best way to secure your child’s legal rights is by consulting a family law attorney in your home country.
While surrogacy agencies in the destination country can provide general guidance, they should not be relied upon for legal expertise regarding citizenship laws in your home country.
2. Obtain a Passport and Visa for Travel
The first step in bringing your child home is applying for a local passport in the country where the child is born.
Once the passport is issued, ensure that the child has a valid visa to enter your home country.
This process usually takes a few weeks, depending on the country’s legal and administrative procedures.
3. Establish Legal Parentage at Home
After returning home, intended parents must complete the legal process to obtain full parental rights.
This may involve applying for legal parentage or adoption, depending on your country’s laws.
Even if this takes time, parents can resume daily life with their child while the legal formalities are being finalized