Women who have children by surrogate mothers not entitled to maternity leave under European law

The European Court of Justice (ECJ) has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights. This resolves a conflict between earlier advocate-general opinions on the point.

There is also no EU requirement to extend adoption leave rights to mothers having children via surrogacy arrangements.

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…

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