Are you and your partner considering the option of international surrogacy to add to
This can be an exciting, albeit complex process.
If successful, it means that soon enough you will have a beautiful little bundle of joy!
But there are many things to think about.
Who has parental rights over the baby, what country grants citizenship depending on where in the world the baby is born (and with what laws), and – if already resolved – how do you make sure that this new child gets taken care of by bringing them into the United States after they’ve been born?
International surrogacy can be a complicated and emotionally charged process.
While there is no one-size-fits-all answer to these questions, there are a number of
factors that can impact the outcome, from the country in which the surrogacy is taking
place to the legal agreements that are in place between the intended parents and the
To ensure a successful, legally sound outcome, it’s vital to work closely with
experienced legal counsel and to approach the process with a clear understanding of
the potential challenges and considerations involved.
What Are Some Ins and Outs to Know
First things first, it’s important to understand that the citizenship of your child after
international surrogacy is not always straightforward.
Because the laws around citizenship vary depending on where the child is born, as well
as the country or countries of citizenship of the intended parents.
You see, in some countries like the UK and Netherlands, the surrogate mother will still be considered the legal mother of the child, regardless of the biological relationship.
Some countries may grant citizenship to children who are born within their borders, while others may require a genetic link to a citizen of that country, leaving children born through international surrogacy in a difficult position.
But once the child is recognized as a citizen of the intended parents’ home country, you will need to acquire the necessary documentation for them to enter the United States including a passport, visa, and other legal documents.
Another factor to consider is travel cost.
International surrogacy often requires you to travel to the surrogate’s country. The
number of trips needed will depend on the chosen agency, but it’s typically necessary to
be present for screenings, embryo transfers, and the child’s birth.
Keep in mind that travel costs can add up quickly depending on logistics.
Additionally, using an international surrogate may result in less contact between
intended parents and the surrogate during pregnancy. Let’s face it, not knowing what is
going on at times could be quite unsettling for some.
While communication is easier than ever, it’s possible that language barriers or other
factors may impede frequent reassurance from the surrogate.
Surrogacy is a beautiful option for couples who are unable to conceive on their own.
But the laws and regulations surrounding surrogacy can be complex, challenging, and
varied by country.
It’s vital that if you’re interested in international surrogacy that you do your research
before engaging in any arrangements.
Consulting with an attorney who specializes in surrogacy and immigration matters is of
And with careful planning using an international surrogate you can have a successful
surrogacy experience and bring your new bundle of joy into your loving home
Have questions? Need guidance? Contact our office today. We are here to assist you!