TRW & Co’s UK branch is based at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

This briefing is directed at intended parents and advisers in England and Wales considering cross‑border surrogacy arrangements involving Bangladesh in 2025. It summarises the practical issues and routes to secure the child’s status in the UK, identifies common risks where a foreign statutory framework is unclear, and sets out steps to reduce legal and practical exposure. It does not provide legal advice on Bangladeshi law.

Current landscape and key risks

Many jurisdictions lacking a clear statutory framework for surrogacy create uncertainty about parentage, the enforceability of surrogate agreements, and the process for obtaining travel documents and nationality. Where local law or practice is ambiguous, intended parents face risks including delayed registration of parentage, difficulties obtaining a birth certificate acceptable to UK authorities, and potential disputes over custody or parental responsibility after birth.

Implications for intended parents in England and Wales

For UK‑based intended parents, the primary considerations after a child is born abroad are: (1) how to obtain appropriate travel documentation and nationality for the child, and (2) how to secure parental status in England and Wales. The most commonly used routes are registration of the birth with UK authorities, applying for British nationality where eligible, and, where necessary, obtaining a parental order (or alternative court remedy) in the Family Court. The availability and timing of each route depend on the child’s circumstances, the documents produced abroad, and whether the foreign birth registration records the intended parents.

Practical due diligence and risk mitigation

Before proceeding with any cross‑border surrogacy arrangement, undertake focused due diligence and planning. Key practical steps include engaging appropriate advisers, clarifying the expected documentation at birth, and planning for contingency scenarios.

• Confirm what birth documentation the local authorities will issue and whether it will be accepted by UK authorities for passport and nationality applications.
• Obtain clear written arrangements with the surrogate that reflect informed consent and the intended parental plan; verify that any clinical treatment complies with recognised medical standards.
• Identify the route to UK recognition early — whether registration, nationality application, or a parental order — and plan timings to avoid prolonged separation from the child.
• Consider the travel and health logistics for the surrogate and child, and any immigration or quarantine rules that may apply on departure and on return to the UK.
• Engage local legal and medical advisers on the ground to verify procedures, but ensure you also have UK legal advice on the recognition and documentation issues relevant to England and Wales.

Checklist for intended parents

1. Obtain UK advice on recognition routes (parental order, registration, nationality) before travel.
2. Verify with the Foreign, Commonwealth & Development Office (FCDO) how consular assistance and birth registration can assist in documentation.
3. Request from local providers the likely birth certificate and any court orders or affidavits they will issue.
4. Arrange for contemporaneous medical records linking conception and birth to the intended parents’ genetic material where relevant.
5. Plan for contingency: delayed documentation, temporary guardianship, or litigation — and ensure funds and advisers are available.

Jurisdiction and sources

For practical steps relating to recognition in the UK and consular assistance, consult the following official sources:

• GOV.UK — Surrogacy: parental responsibility and parental order (England & Wales)
• GOV.UK — Apply for British citizenship for a child born outside the UK
• FCDO — Foreign travel advice (country pages)
• Human Fertilisation & Embryology Authority (HFEA)
• GOV.UK — Living abroad and registering births

Where local law is uncertain, instruct local counsel and obtain contemporaneous official documents at each stage. Legal recognition in England and Wales will depend on the factual documentation produced and the child’s best interests as assessed by UK authorities and courts.

General information only; not legal advice and not a substitute for advice on a particular matter.