UK couple must wait months to bring surrogate-born baby from Belarus

A London couple whose child was born via surrogacy in Belarus has spoken about the difficulty of returning to the UK with their newborn.

Graeme and Maura Batsman from Harrow have been advised that their application to the Home Office to obtain a passport for their daughter which will allow them to return home as a family could take three months to be approved. The couple's short-term visas are due to expire next month, meaning they may be forced to leave Belarus without their daughter.

'We think it's unfair that you have to go through all this to get the child and then the immigration office is just there to make your life hell for the next year for no logical reason,' Mr Batsman told the BBC. 'There are a lot of duplicates and the UK's legal process is just totally messed up'.

After discovering that they were unable to conceive a child together, the Batsmans researched surrogacy options and selected Belarus, as they felt Belarusian surrogacy law is more favourable to the intended parents than in the UK.

The surrogacy arrangement began in 2022 prior to war breaking out in neighbouring Ukraine and before the UK government issued advice warning that British citizens should not travel to the region. However, the Batsmans continued with the surrogacy arrangement after the Russian invasion, with the successful embryo transfer taking place in August 2023.

The UK's Foreign Office would not comment on the Batsmans' case, but told the BBC that consular services in Belarus are 'severely limited' due to the advice to avoid any travel there.

Even for prospective parents seeking surrogacy in territories not complicated by geopolitical events, the UK Home Office website advises that 'Because surrogacy is often complex, applying for a UK passport will also be complex and can take several months ... You should allow time for these processes, including planning for a lengthy stay in the country where the child is born.'

Under UK law, the woman who gives birth – in this case the surrogate – is automatically the legal parent of a child. As such, the Batsmans will need to apply to the Family Court for a parental order which transfers legal parentage from the surrogate to them. They need to do this within six months of their daughter's birth.

The couple has spent approximately £45,000 on financing the agreement and funding the necessary administrative procedures which include the application to the Home Office to obtain a passport for their daughter. Adding to the financial pressure is that Mr Batsman has been in Belarus for six weeks already and faces losing his job if he does not return to work soon.

The couple has requested the passport application be expedited so they can return to the UK as soon as possible.