Women who use surrogates fight for maternity leave

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


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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