While there is an ever-growing body of protection for parents who give birth or adopt, what rights do surrogate parents have? Not many. They aren’t covered by maternity or adoption legislation.
That may all change. Two claims are currently in the High Court lodged by Surrogacy UK and a woman directly affected by her lack of protection. She was made redundant while taking unpaid parental leave, following the birth of a child through a surrogacy arrangement.
She had brought a claim under the Human Rights Act 1989 claiming she was discriminated against. She was not entitled to any statutory paid leave, nor given employment protection while off caring for her son. Judicial review proceedings have been commenced.
Watch this space !
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