Surrogacy in Asia
Guidance, law and latest news on surrogacy in Asia
– from the UK’s leading surrogacy lawyers
Explore our Asia surrogacy hub
Asia is not currently an established destination for UK parents building families through surrogacy, although it was in the past.
India was a significant international surrogacy destination for UK (and other foreign) parents until 2015 when changes to the immigration rules in India (later reinforced by changes to Indian law) effectively prohibited surrogacy in India for foreign intended parents. Gay and single dads had already been excluded prior to 2015, which had prompted a rise in unregulated surrogacy in Thailand and Cambodia which was then subsequently also outlawed in 2015. Since then, surrogacy in Asia is very rarely an option for UK intended parents, although still arises from time to time in very specific personal circumstances.
We are also seeing some emerging surrogacy programmes arranging births in Central Asian countries like Kazakhstan and Armenia.
Expert UK law guides from our Knowledge Centre
International surrogacy and UK law
Why do you need to think about UK law if you are going abroad for surrogacy? Find out what to ask at the planning stages, how to bring your baby home and what you need to do to become a family under UK law
Parental orders
UK parents who have a child through surrogacy overseas are expected to apply for a UK parental order after their child is born. Find out why you need one, what the court is assessing and how the process works
Latest news about surrogacy in Asia
Will my child through surrogacy be born British? And how do I apply for a British Passport?
If you are expecting a child through surrogacy, one of your top questions may be how you get a British passport for your baby, particularly if they are born outside the UK. British nationality can be complicated in surrogacy cases, and what you need to do depends on...
Travelling home with your baby born through international surrogacy – the options
UK immigration law around surrogacy is complex. There’s no single process that fits all, and the best route home will depend on your personal situation and the country where your baby is born.
Numbers talk – NGA Law and statistics on international surrogacy
CAFCASS data reveals the evolving landscape of surrogacy for UK parents, highlighting the popularity of the US as a destination and the ethical considerations involved. With over a decade of insights, NGA Law provides expert guidance on navigating surrogacy both domestically and internationally.
International Surrogacy Forum in Copenhagen
Natalie was delighted to attend an important international conference on surrogacy that took place in Copenhagen in June 2023.
High Court gives guidance for international surrogacy cases, after newborn surrogate twins are left stranded for a year in India
In yet another decision to highlight the deficiencies of UK surrogacy law, the High Court has criticised the handling of an international surrogacy case in which twins born to British parents were left stranded in India for more than a year. The important decision of...
An end to surrogacy in India for UK couples?
Surrogacy has hit the headlines again, with India apparently in the process of prohibiting foreign couples engaging in surrogacy there. With hundreds of UK parents travelling to India for surrogacy each year, this will be a significant blow. Surrogacy laws have...
NGA quoted in the Guardian: Unregistered surrogate-born children creating legal timebomb, warns judge
Today's Guardian has reported comments made by High Court judge Mrs Justice Theis at a conference last week about her concerns for children born through international surrogacy whose parents have not applied to properly resolve their legal status in the UK. ...
Court unlocks ‘nonsensical’ law for surrogacy parents who miss six month deadline to secure parental status
Until now, intended parents could only apply to become legal parents within six months of the birth of their child. But in a key ruling today, the President of the High Court Family Division, Sir Justice Munby, has said that even though the law states that an...
Baby Gammy case sparks media debate about surrogacy – NGA in the Guardian, BBC News, the Telegraph, the Sunday Times and more
We have been busy over the last few weeks speaking to the media about the baby Gammy case and why surrogacy law needs to be brought up to date. Amidst a storm of media discussion about the law and ethics of international surrogacy, we were interviewed by the...
New Foreign Office guidance for parents planning international surrogacy
The Foreign and Commonwealth Office has today published updated guidance for parents planning international surrogacy arrangements. We have been working with the FCO on this new guidance as part of our campaigning and policy work and are proud to have helped with...
Our legal services for international surrogacy
Advice for those planning surrogacy
With decades of experience, we routinely advise intended parents planning surrogacy overseas, to help weigh the risks, timescales, costs and ethics of the different international surrogacy options they may be considering. Although Asia is no longer a common destination, we can advise if you are considering it.
Top tier legal representation
We support intended parents living in the UK and overseas to navigate UK law successfully, including applications for British nationality and UK passports for surrogate babies, High Court parental order (or other family law) applications, wills and more.
Still have questions?
If you need legal advice or want to make an appointment, feel free to get in touch. We offer meetings in-person in London or in the New Forest, as well as online.
We are here to help however we can.