Maternity/Paternity Pay after Surrogate Baby

System
System Posts: 100,534 🤖 Admin 🤖
edited 12:08PM in AAT member discussion
Can my self-employed "dad" claim any paternity payment when he takes "possession" of their surrogate baby? And can his wife claim maternity pay from her employer?

Comments

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Maternity/Paternity Pay after Surrogate Baby

    My initial thoughts are that I think they might be able to do because once a parental order is granted this has the same effect as adoption and you can have statutory adoption pay.

    I would recommend you contact ACAS.

    Kind regards
    Steve
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Maternity/Paternity Pay after Surrogate Baby

    Thanks. Will do. Obviously nobody else out there has come across this one then???!!!
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Maternity/Paternity Pay after Surrogate Baby

    You are right to consult ACAS over this because it will be complex.

    For a start the paternity rights will apply to anyone who has a responsibility towards the child or the mother of that child so technically both the surrogates spouse or partner and one of the adopting parents may claim paternity rights because they both satisfy the criteria.

    The mother has some maternity rights because the only time she cannot take maternity leave is if th ebaby dies, there is nothing in the rules about giving the baby up for adoption. She has still given birth and therefore saisfies the criteria for leave and pay.

    The adopting parents will have rights but only if they can produce the required documentation.

    Very complex and needs careful research.

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