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You are looking at: Home : News & Gossip : Baby

Women who use surrogates fight for maternity leave

Ministers face legal challenge over barring women who use surrogates from receiving maternity pay

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Posted: 28 October 2009
by Tessa Watkins

Campaigners have called for a change in the law that bars women who use surrogate mums from receiving maternity leave. The Government published new guidelines on surrogacy last month, but didn’t tackle maternity pay.

The guidelines only allow women who undergo a successful pregnancy to paid leave, even if they aren’t the genetic parent. Women who use a surrogate mum have no right to paid or unpaid maternity leave to care for their baby.

Fertility law firm Gamble and Ghevaert is writing to ministers demanding they tackle the problem. “The lack of right to maternity leave is tied up with the fact the surrogate mother is regarded as the mother. In any other circumstances, you would get maternity leave,” said partner Natalie Gamble.

More than 40 babies are born in Britain every year with the help of a surrogate.


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So what do you think?

buster76

If you can pay the expenses of a surrogate surely you are well off enough to not need maternity pay?

Just a thought.

About 3 years ago
cheryl keye

 I don't believe that this comment has been given much 'thought' at all.

Not all couples who use surrogates are 'well off'!  In most cases people who use a surrogate have no other choice in order to achieve their dream of being able to have their own child.  Many couples often have to raise funds by any means that they can, including personal loans or remortgaging their homes to pay for treatment/ expenses.  Once the baby is born, someone still has to stay at home to care for the child. Bearing in mind that they may still be trying to pay back the money that they borrowed in the first place for treatment, this can put great financial strain on them. Why shouldn't couples who are unfortunate enough to be unable to bear their own children,  be given the same financial support as any other parent! 

About 3 years ago
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