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  • Parental leave for surrogate parents

    Parental leave for surrogate parents

    As of 5 April 2015, gay and heterosexual surrogate parents are entitled to the same rights to time off work following the birth of their child as other parents.

    Surrogate parents are now able to claim maternity/paternity leave and pay. This means that one parent can take up to 12 months leave from work and receive 90% of their salary for the first 6 months. They are then entitled to Statutory Maternity Pay for the remaining 6 months.

    The other parent is entitled to paternity


    The surrogate mother is still entitled to maternity leave and pay.

    For surrogate parents to qualify for these benefits they have to apply for a Parental Order, which will stipulate that they are the legal parents of the child.

    The surrogate parents are also entitled to leave for antenatal appointments and shared parental leave in the same way as other parents.


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    Julie McDonald Family Law is the trading name of JM Family Law Limited. JM Family Law Limited is a limited company registered in England and Wales [registered number 12606147].
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