Intended surrogate parents

Employees who plan to be surrogate parents and who intend to apply for a parental order have the right to unpaid time off work to accompany the birth mother to two antenatal appointments. Agency workers with 12 weeks’ service in the same role for the same hirer also have this right.

The employer can ask for a signed declaration from the intended surrogate parent stating: the date and time of the appointment; that it is made on the advice of a registered medical practitioner, nurse or midwife; and that the employee and their partner expect to apply for and be granted a parental order after the birth.

The TUC says “it is important to remember that this right is a right to time off work to accompany the pregnant woman, not a right to attend the appointment. The purpose of antenatal appointments is to monitor the health and well-being of the pregnant woman and the unborn baby. If the surrogate mother does not want you to attend then you can’t use this right to insist that you are there”.

The TUC has produced a guide – Time off and pay for parents having a child through surrogacy, available from its website.