Surrogacy Maternity Leave Inequality

“If you and your husband, wife or partner are having a child through surrogacy you will not normally be eligible for statutory maternity or adoption leave. However you will be eligible for unpaid parental leave once you have got a parental order.” So says the DirectGov website advice on Maternity Leave.

Why?  There is clearly a level of discrimination taking place here.  Having a child, a baby, through whatever means…giving birth, adopting or with the help of a surrogate mother, should be considered equal upon the baby’s arrival and the family should be supported by Government policy. Continue reading “Surrogacy Maternity Leave Inequality” »

Couple who used Indian surrogates can bring children up as their own rules judge

Couple who used Indian surrogates can bring children up as their own rules judge – Telegraph

Childless couple allowed to keep babies born through Indian surrogate – Telegraph

In summary, a British couple paid Indian surrogates to give birth to their children and have just been granted parental orders in the British High Court.

Once in a while these stories appear in the national press, but interestingly parental orders are issued to UK parents of international surrogate babies much more often than is reported.  At our first hearing in the High Court we were one of three couples appearing that day requesting parental orders!

However, this is the first time I am aware of where a surrogacy arrangement in India has been publicly granted a parental order.  The Judge, in this case Sir Nicholas Wall, has to feel confident that the amount paid would not ’overbear the will of the surrogate’, and this can be more questionable in India due to the low average earnings.

Nonetheless, parental orders have been duly granted and above all, the welfare of the children was again considered paramount in an echo of similar cases where Justice Hedley has published similar outcomes.  All good news for British couples looking in to international surrogacy to overcome infertility.