# Surrogacy maternity leave??!!



## claire1983 (Jul 16, 2012)

Hi ladies, I'm hoping some one can point us in the right direction with regards to surrogacy   After multiple failed ICSI cycles we have found out we have several immune issues   Anyway my wonderful auntie has offered to be a surrogate!!   We are thinking this will be a better option for us but dont really know where to start?! 

She has had 2 children via Cesarean and if we were successful would want an elective Cesarean again. Does anybody know if the NHS covers this or can we just pay private? Also what happens with surrogates and maternity leave, if any??!! sorry for all the questions   

Many thanks x


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## Kaz1979 (Apr 11, 2011)

Hi Claire. 

If had two caesareans then a third eould be recommended anyway as this is safest so no issue with having to ask for it/ go private. 

Kaz xxx


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## claire1983 (Jul 16, 2012)

Hi Kaz, thanks for that. That was what my auntie thought so hopefully that would be the case! She will b pleased ha ha! X


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## LouGhevaert (May 18, 2009)

Hi Claire

It's great to hear your auntie has offered to be a surrogate for you.

On the legal front, you'll need to apply for a parental order after the birth to obtain full legal parental status for your baby.  You'll need to meet all of the legal criteria to qualify for this and it's worth checking this out carefully before the pregnancy gets underway to avoid any unwanted problems.

As your auntie will carry the pregnancy, she will be entitled to maternity leave.  Unfortunately, you won't legally qualify for maternity rights as an intended mother pending the grant of a parental order.  However, there is currently a legal challenge on this point in the court system at the moment and it will be interesting to see what the outcome will be- essentially an intended mother from Kent is taking legal action against the Secretary of State for Work and Pensions for the same legal rights as adoptive parents, arguing discrimination and a breach of human rights law. To date, attempts to change the law to give maternity rights to intended mothers in surrogacy cases have been unsuccessful.

I hope this helps and best of luck

Louisa


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