In last week’s News Update we reported the case of C. D. v S. T., where the ECJ ruled that a receiving mother in a surrogacy arrangement is not entitled to maternity leave under EU law. However, while such leave and pay is not required under EU law, the UK has recognised the ‘parental’ issues surrounding surrogacy arrangements in the Children and Families Act 2014 which has now received Royal Assent. S.122 of the Act makes provision for intended parents in surrogacy arrangements, who are entitled and intend to make an application for a parental order under S.54 of the Human Fertilisation and Embryology Act 2008, to be entitled to paternity leave and pay and to adoption leave and pay in respect of the child who is the subject of the order. Provisions are also made for parents in such circumstances to qualify under the new shared parental leave scheme, which the Act will introduce. The provisions are due to come into force in April 2015.

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