Surrogacy

The need to be pregnant in order to claim for pregnancy discrimination means that only biological mothers can bring this type of claim. Women who do not give birth (such as surrogacy or adoption) cannot claim pregnancy discrimination, even if they breastfeed straight after birth (CD v ST [2014] IRLR 551). Unions have led the fight for equal rights for all parents. For example, the case of CD v ST was brought with the support of public services union UNISON.

A birth mother under a surrogacy arrangement is protected from pregnancy and maternity discrimination (and qualifies for all statutory maternity rights), regardless of what happens to her child after birth.

Qualifying parents through surrogacy have specific statutory rights to time off, leave and pay under the Children and Families Act 2014. These are explained in LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).