Check family-friendly rights in relation to surrogacy

Key points

  • A pregnant employee who meets the eligibility requirements is entitled to statutory maternity leave and pay, regardless of whether she will be caring for the child after it is born.
  • A woman for whom a surrogate mother gives birth will not be entitled to statutory maternity rights. However, adoption leave and pay are available to employees who become the legal parents of a child in a surrogacy situation.
  • The partner of an employee on adoption leave may be eligible for ordinary paternity leave and pay and the couple may also be eligible to take shared parental leave.

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