Surrogacy: European Court decides that only the mother giving birth can take maternity leave

The two women who brought claims in the European Court both used surrogate mothers in order to have a child. In CD v ST, the claimant and her partner had a child by a surrogate mother. Although the claimant did not give birth, she did breastfeed from the time the child was born. A few months after the birth, the claimant and her partner were granted a parental order.

In Z v A Government Department and the Board of Management of a Community School, a case from Ireland, Z and her husband had a child as a result of an agreement with a surrogate mother in California. Genetically, the child is the couple’s and, under Californian law, Z and her husband are considered the baby’s parents…

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