Rights of surrogate mothers
Public services union UNISON has welcomed an opinion from the advocate general of the European Court of Justice as a “positive first step” in its fight for maternity rights for mothers whose babies are born through a surrogacy arrangement. The union has argued that these mothers should have the same maternity pay and leave under European law as other mothers.
The landmark case was referred directly from the Employment Tribunal in Newcastle-upon-Tyne following a claim of sex discrimination brought by a UNISON member. Last month, advocate general Juliane Kokott recommended that an “intended mother” who has a baby through a surrogacy arrangement has the right to maternity leave under EU law. At present, mothers in the UK whose babies are born through a surrogacy arrangement are not entitled to maternity or adoption leave.
“This is an important case which addresses a gap in the law which currently leaves a number of new mothers in the UK without equal rights when their babies are born,” said UNISON legal officer Kate Ewing. “The case has the potential to have repercussions not only for women in the UK but also across Europe.”
The full decision of the Court of Justice is now awaited. Once the law has been clarified, the case will go back to the Tribunal.