Surrogate parents & maternity leave

A tribunal is to refer to the European Court of Justice the question of whether a mother expecting a baby through surrogacy is entitled to maternity leave and various benefits including paid leave.

The argument is that she needs the time so that she can bond with her baby, establish breastfeeding and maintain and develop her family life.

There’s probably a long way to go on this case but it clearly represents a change in thinking about the scope of maternity leave and who qualifies.

Watch this space as always.

Steve Clark

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