# MATERNITY LEAVE BENEFITS



## Tillybilly (Nov 14, 2005)

Does anyone know how this works?

We have a friend willing to be our surrogate.  If we are lucky enough for this to be successful, would I still be entitled to some time off with my new baby

Thanks everyone and good luck.

XXXXXXXXXXXX


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## ♥JJ1♥ (Feb 11, 2006)

I am sure that Natalie will be along to give the legal stance,but when I looked into this (I work for the NHS) most employers don't have a surrogacy policy they have mat and adoption, and therefore can discriminate against IP's.

Some places have adoption/surrogacy policies and give the same leave, but I don't think that there are any legal entitlements, which is crazy, I know that Natalie had been involved in challenging this in Parliament. With maternity leave you have a MATB1 form, and adoption there are other forms that employers get.

I hope that you have sympathetic employers and it works out well.  Good luck with your surrogacy journey
L x


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## Jo (Mar 22, 2002)

Hi
I have worked for the same company for 25 years, and we have been very lucky that our surrogate is due to have our baby in March  , but I am not entitled to anything, I am leaving just like any other employee leaving to go else where 

I find it outrageous, as at the end of the day I need to be off work to look after our baby, but can't get help !!still not much I can do about it.

I hope your employers are sympathetic and give you something when your surrogate gives birth  

Good Luck

Love Jo
x x x


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## Amandajb (Sep 6, 2007)

Hi there!

As Jo says, the situation is so completely against the Intended mother.  As a surrogate I can take up to a year off work - paid - without even having a baby to care for, whilst the mother herself loses both money and her professional status because she now has a baby.  

A totally unfair situation for the 21st Century.

I'm sorry that the advice you've been given is right.  I wish it wasn't.


Amanda


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## Grumpygirl (Oct 24, 2004)

Good luck on this one, some Intended Mothers are given mat leave and some aren't , it depends on your employer. You need to account for the chance of not getting offered anything when you decide to go down this route. 

I don't think my employers are going to offer me anything, but we knew this was a possibility. I will be finding out shortly what their intentions are, but I do think it is unfair discrimination that because I had cancer and can't carry my own child I have no rights. I would dearly love to carry my own baby, and have all the maternity rights my fertile friends have had.

Good luck !
xx


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## NatGamble (Mar 1, 2007)

This issue still makes me immensely cross.  The legal position is that all the rights to maternity leave belong to the surrogate and none to the intended mother.  You may be able to get some (very limited) rights to time off through other things like parental leave, but it's complicated, and most people end up (at best) relying on the goodwill of their employer to grant discretionary leave or (at worst) having no rights to time off at all.

We have been lobbying for this to be changed, but basically no-one is very interested in helping surrogacy families because there aren't enough of them for it to be a significant worry.  

The law might be challengeable on human rights/ discrimination grounds (particularly if the intended mother had a clear disability which made the surrogacy necessary), but the law won't be tested until someone has the inclination (and funds!) to run a case.  

V frustrating to see such injustice in the law.

Natalie


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## Jo (Mar 22, 2002)

lgft said:


> 25 years OMG!!
> 
> Just out of curiosity ... is your husbands company giving him paternity leave?


Hi
Yes my husband is getting 2 weeks paternity leave, and gets time off for scans and appointments , so that is something that we are getting


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