20 April 2011
Human rights partner Alison Millar and her assistant Rebecca Davis have written a factsheet on the employment rights of parents who have a child via a surrogacy arrangement for the charity Working Families.
Alison has a special interest in the law relating to surrogacy and was recently instructed by a couple to apply for a parental order in respect of their twin sons, who were born in Texas, USA in 2010 as a result of a gestational surrogacy arrangement facilitated by a commercial surrogacy agency.
The surrogacy factsheet outlines the employment rights of parents who have a child via surrogacy noting that the statutory rights available to birth parents such as statutory maternity leave and maternity pay are not available to surrogate parents. However, current legislation does provide for some rights to the parents of children born through a surrogacy agreement, which are set out in detail in the factsheet.
If you have any questions relating to surrogacy and your legal rights please contact Alison Millar on 020 7650 1200.
This article does not constitute legal advice in any particular case. The outcome of all legal cases is determined by facts specific to individual cases.
Information was correct at time of publishing. See terms and conditions for further details.