Surrogacy: legal rights of parents and surrogates

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Pay and leave

You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate.

If you’re not eligible for paid leave, you may be able to take parental leave or annual leave.


Every pregnant employee has the right to 52 weeks’ maternity leave and to return to their job after this.

What a surrogate does after the child is born does not affect their right to maternity leave.