# New ECJ opinion on maternity rights for intended mums



## LouGhevaert (May 18, 2009)

Hi

There have just been two written opinions by the European Court of Justice (ECJ) concerning maternity leave for intended mothers following surrogacy. The first case involved a British woman and the second case involved an Irish woman, both of whom brought cases against their employers.

In the British case the ECJ written opinion ruled that both the surrogate mother and the intended mother should each be entitled to two weeks compulsory paid maternity leave and that they should share the remaining leave entitlement as set out in the Pregnant Workers EC directive. Whilst the written opinion isn't a final decision in the British case, the ECJ would usually follow an opinion such as this.

In the Irish case, the written opinion ruled against the Irish woman. However, this case involved different legal arguments and reflected the fact that there is no legislation in Ireland which either permits or bans surrogacy (unlike in England).

The British case represents good news and will help to keep up the pressure for parental rights in England for intended parents following the government's commitment to introduce new law in 2015 and following the introduction of the Children and Families Bill which is currently being considered in Parliament. You can read more information about these cases here - http://www.porterdodsonfertility.com/2013/10/ecj-opinion-heralds-maternity-leave-for-intended-mothers-following-surrogacy/

Best wishes

Louisa


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