On 5 April 2015, reforms under the Children and Families Act 2014 came into force which extended adoption leave to include parents of children born through surrogacy.
This was great news for many families and means that gay dads and lesbian mums, as well as heterosexual parents, expecting a child through surrogacy, can now claim the equivalent of full maternity/paternity leave and pay.
One year on, we consider the conditions which must be met for surrogate parents to share parental leave.
Shared parental leave rights for surrogate parents
The rules apply to parents who intend to apply for a Parental Order, which makes them the legal parents of a child born through surrogacy. They must intend to apply within six months of the birth of the child and expect the application to be successful.
The partner claiming the main leave must give notice that they are expecting a baby to their employer. Parental Order Parents will then be entitled to unpaid time off during the pregnancy to attend two ante-natal appointments with the mother if she agrees.
Once the baby is born, Parental Order Parents are then entitled to a special form of adoption leave for surrogate parents, which gives the equivalent of maternity leave – up to a whole year off work.
Provided certain formalities are followed, an added benefit is maternity pay of 90% of salary for the first six weeks and statutory maternity pay for 33 weeks afterwards.
For surrogate parents this comes under adoption leave so that intended parents (not giving birth to the child) can choose who takes the main leave. The other partner is entitled to one or two week’s paternity leave if they meet the requirements.
How Nelsons can help
Not everyone who has a child with the help of a surrogate can apply for a Parental Order.
If you need advice on applying to become a Parental Order parent, or on other surrogacy law issues, please contact Melanie Bridgen or another member of our expert Family Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.