The recent case of a British couple who have had twin boys born through surrogacy in Cyprus has once again brought attention to the complexities of the law surrounding surrogacy arrangements and the ongoing need for surrogacy law reform.

This particular case was further complicated due to concerns about the use of commercial surrogacy arrangements which are illegal in both British and Cypriot law.

In early January 2025, British couple Damian and Pasan Fernando welcomed twins, River and Liko, who were born via surrogacy in North Cyprus. Their journey into parenthood highlights the extra steps required in international surrogacy arrangements and the ongoing need for reform in this area.

After years of trying to find a surrogate in the UK, Damian and Pasan turned to the World Centre of Baby, a global international surrogacy agency. The family couldn’t return home to the UK from North Cyprus immediately, as they needed to obtain the twins’ passports first. Earlier this month, Damian, Pasan, and the twins River and Liko were finally able to return home after a two month wait.

Below is a summary of important points that must be considered for making international surrogacy arrangements:

• Children born via surrogacy do not automatically inherit their parents’ nationality under English law.
• When children are born through surrogacy arrangements abroad, an immigration application is often required to regularise the child’s nationality.
• The process for doing so varies from country to country and depends on the child’s genetic makeup.
• From a family law perspective, the courts are familiar with the difficulties families face when trying to bring their children home after birth. Bindmans was recently involved in a case where this occurred.

The Law Commission has released a report on how to regularise surrogacy arrangements, which Bindmans wrote about here.

The law surrounding surrogacy arrangements is complex and highly specialised. In international cases, it can involve both immigration and family law.

Irene Karidas and Annie Leach comment:

It is imperative to have clear structure and guidance for those embarking on parenthood via surrogacy for the sake of the intended parents, the surrogate and most importantly, the child. Taking legal advice at the beginning can be helpful in ensuring parents-to-be are aware of all the steps that are required to form their family.

The immigration and family teams at Bindmans provide tailored and coordinated legal advice to ensure that children born via surrogacy can arrive in England and begin their new lives as part of a family unit as soon as possible.