After a delay of two months due to UK passport issues, the British fathers left Cyprus on Thursday with their surrogate-born twins who were born in the north.

Pasan and Damian Fernando were stuck in Cyprus with their newborn sons, River and Liko as the British passport office delayed providing passports for the children.

The couple had come to Cyprus in early January when their chosen surrogate gave birth to their children in the north, where the insemination had also taken place.

But apart from the delay, the issue has raised a host of legal issues about surrogacy in general and the relations between the north and the Republic.

The World Centre of Baby (WCoB), an originally Ukrainian surrogacy agency that claims to be based in Limassol but actually provides their services at a clinic in the north, helped a British couple to finally achieve parenthood after a six-year wait.

The agency, which promotes its services with the slogan “Every person deserves to be a parent,” arranged the surrogacy with a woman from Kazakhstan and an egg donor from Bulgaria.

After the couple’s story gained international attention across news outlets in Cyprus, the UK and the United States, questions arose about the legality of WCoB, as the law in the Republic does not permit same-sex couples to become parents through surrogacy. In addition, an agency in the Republic cannot legally be advertising surrogacy services in northern Cyprus.

The couple told the Cyprus Mail it had sought extensive legal advice to ensure the process was conducted correctly, prioritising the safety of their children and the surrogate. While they acknowledged the experience was costly, they described it as positive overall.

However, they expressed sadness that the focus had shifted to a debate over surrogacy laws rather than the broader issue of queer parenthood. Their intent, they emphasised, was not to spark criticism against same-sex couples but to highlight that everyone should have the right to become parents.

According to reports in the local media, Health Minister Michalis Damianos said that an official complaint regarding WCoB had been filed with the police in the context of the case. He clarified that the agency had never been licensed by the ministry and that its advertised services were illegal under current legislation, which does not permit surrogacy for same-sex couples in the Republic. As a result, any related advertising would also be considered unlawful.

Lawyer Mikaelena Kokkinou, a specialist in surrogacy law in Cyprus, clarified that since the insemination took place in the north, the laws of the Republic of Cyprus would not apply. However, this raises further questions, as the agency in question is based in Limassol, creating a discrepancy between its registered location and the procedures carried out in the north.

The situation underscores potential legal ambiguities surrounding cross-border surrogacy arrangements and the extent of Cypriot jurisdiction in such cases.

The agency, however, maintains on its website that surrogacy in Cyprus operates within a legal framework that allows embryo transfers to surrogate mothers without legal obstacles. While WCoB claims to comply with Cypriot surrogacy laws, it acknowledges that surrogacy agreements are not legally enforceable, meaning contracts between intended parents and surrogates hold no legal weight in court. However, the agency said that all parties must still adhere to legal stipulations, treatment protocols and associated costs.

WCoB told the Cyprus Mail on Thursday that it did not operate a headquarters in the Republic – but did not comment on whether it had a representative agency in Limassol –and worked strictly within the legal frameworks of jurisdictions where surrogacy was permitted.

The company emphasised that its programmes were not conducted in the Republic of Cyprus and that it functions solely as an “international coordinator for reproductive programmes”, explicitly clarifying that it is not a medical facility.

WCoB further guaranteed that all procedures adhered to applicable legal requirements and stated that its work fully complied with ethical standards and regulations in every country where its services were provided.

Far-right party Elam has reacted furiously to reports on the case, demanding “explanations” from the government. The party issued a series of questions about the legality of the process, the involvement of authorities, and whether any changes to surrogacy laws for same-sex couples were being considered.
Elam accused the government of promoting a so-called “LGBTIQ/WOKE agenda” and claimed that surrogacy for same-sex couples turns children into “factory-produced” commodities.

A similar case emerged in 2023 when another British same-sex couple faced the same challenges. James and Ian Buckley-Walker were stranded in Famagusta for three months after their son, born via surrogacy in the north, faced passport delays.

Despite spending over €23,000 on hotels, flights, and legal fees, they struggled to obtain travel documents for their child.