Families Across Frontiers: When Law and Borders Meet

In an increasingly connected and mobile world, families are no longer confined to one place.

When we talk about “families across frontiers,” we’re really talking about families whose lives span more than one legal system. That might be because parents have different nationalities, children are born abroad, or families are created through adoption or surrogacy in another country.

In the post-Brexit and post-pandemic landscape, borders have taken on renewed importance. Whether it’s through surrogacy, adoption, relocation for work, or simply a love for travel, modern family life doesn’t always fit neatly within the boundaries of a single country’s legal framework. The ease with which people can move freely across Europe has changed significantly. 

For families, that shift has brought new challenges. For solicitors, it has led to a noticeable rise in cases with an international dimension. Increasingly, we find ourselves working collaboratively across disciplines to find practical solutions where family law and immigration law collide.

Two of the most common ways that prospective parents look beyond the UK to build their families are intercountry adoption and international surrogacy.

Intercountry adoption

Intercountry adoption (sometimes called international adoption) is where a person or couple becomes the legal parent(s) of a child who is a national of a country overseas. The adoption process can look very different depending on the country involved, and navigating it can feel daunting.

Under UK law, a child adopted in the UK will automatically become a British citizen if at least one adoptive parent is a British citizen. However, where an adoption takes place overseas, the position can be more complicated.

For intercountry adoption, there is scope for children adopted under the Hague Convention to acquire British citizenship automatically where at least one parent was a British citizen at the time the adoption order was made. This is provided that adopting parents were also habitually resident in the UK at the time of the final adoption order.

When those criteria aren’t met, immigration rules come into play. In order to enter the UK for the purposes of adoption, a foreign national child will need to apply for prior entry clearance and be granted permission to enter the UK upon arrival. Children being adopted overseas or being brought to the UK for the purposes of adoption, will be subject to immigration control and will need a UK visa to facilitate their entry to the UK. 

For families, this can feel like an additional layer of stress at a time that should be focused on welcoming their child home. The key is understanding early on how adoption and immigration processes interact – and planning accordingly.

Surrogacy

Surrogacy is where a person becomes pregnant with a child and gives birth to the child with the intention that someone else will be the legal parents of that child. Couples may pursue surrogacy overseas because of clearer legal frameworks, availability of surrogates, or established agencies. Common destinations include the USA and Georgia, and prior to the war, Ukraine. More recently, UK agencies have also begun operating in countries such as Mexico.

While parentage might be recognised in the country where the child is born, that recognition does not always translate automatically when families return to the UK. One of the most common, and understandable, misconceptions is that once parentage is established abroad, nothing further needs to be done at home.

On returning to the UK, families may face questions around citizenship, legal parenthood, and immigration status. All issues that can feel overwhelming when all parents want to do is settle into family life with their new child.

Anyone considering surrogacy abroad should be mindful that they are often navigating two (or more) legal systems at once. It’s important to consider not only the intended parents’ position, but also the legal and practical implications for the surrogate and, most importantly, the child.

The recent English case of A & B v X & Z 2022 provides key guidance to those intending to begin surrogacy arrangements abroad. In this case, a same sex couple living in the UK, had contacted a surrogacy agency based in Cyprus. The surrogacy arrangement had spanned five different jurisdictions. The judgement sets out 16 key issues parents should consider before embarking upon a surrogacy arrangement abroad.

For clients, the key message is this: if your family life involves more than one country – whether now or in the future – it’s worth seeking legal advice sooner rather than later. Understanding the legal frameworks of the countries involved doesn’t mean expecting problems: it means being prepared, protecting your family’s future and providing peace of mind. 

Families today are diverse, mobile and international. The law is slowly catching up with that reality, but it doesn’t always move at the same pace as people’s lives. As family lawyers, our role is to help bridge that gap and navigate life confidently across frontiers.