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International surrogacy gone wrong

View profile for Lydia Plank
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Most people would agree that the new-born stage is difficult and having twins makes it even more tricky.  Imagine, after having spent 6 years and nearly £90,000 to have twins via an international surrogacy arrangement, being unable to return home.

A UK based same sex couple embarked on an international surrogacy arrangement in Cyprus.  They were matched with a surrogate and, on 3 January 2025, their twins were born.  They were pro-active in applying for the children’s passports as soon as their birth certificates had been processed, however, from this point on, things started to go wrong.

The passport applications were held up on numerous occasions with ‘missing documentation’ being cited as the reason for delay.  The intended parents provided all necessary documentation swiftly and liaised with the authorities.  Unfortunately, they were given vague answers and no timescale for a resolution.  They are currently adjusting to parenthood in a foreign country away from their support network and with no immediate prospect of returning home.  Despite already spending £70,000 for the surrogacy process and £15,000 on legal fees, they now face spiralling living costs due to having to stay in Cyprus indefinitely.  The latest development has seen the clinic used being investigated for potential illegal activities by Cypriot authorities.

This reemphasises the need for clearer guidance to be given to intended parents on returning home with their children following an international surrogacy arrangement and also raises the question about how much training staff at HM Passport Office are given regarding this matter.  

This case illustrates the complexities and pitfalls of international surrogacy arrangements and demonstrates how important it is to be meticulous in your planning and instruction when considering this route - due diligence from day one is vital.  To avoid being placed in such a difficult situation, it is important that intended parents engage solicitors at the start of their journey so that they are fully informed about what to expect, what can go wrong and how to ensure the process runs smoothly.  More often than not, a solicitor will be able to identify issues that the intended parents have never heard of, let alone considered.

International surrogacy can be a lifeline for many parents and, with the correct support and advice, it can result in a happy family.  If you would like further information on starting or growing your family through international surrogacy, please feel free to contact Lydia at lep@tanners.co.uk. We would be delighted to assist you.