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Should a woman who hired a surrogate to provide her with a baby boy get maternity pay? The law says no and so this lady is taking the government to court.
over 1 year ago
A woman who uses a surrogate cannot adopt that child, either because the child is biologically the intended parents or because the child will not have been placed with the parents through an adoption agency. So no the intended mother isn't entitled to SAP Peter Randle. As the current law states only the birth mother or the parent of a child placed by an adoption agency is entitled to SMP or SAP, nothing is in place for leave or pay for people who choose to have a child through surrogacy for one reason or another. The only sad thing is that the intended parents usually aren't informed that they aren't entitled to the same things as any other parent until the surrogate is pregnant or people might think about it a but harder.
If the mother wanted the surrogate baby then she would adopt the baby and by doing so be entitled to SAP (Statutory Adoption Pay") which is as good as or better than SMP. Why should the mother be entitled to both? If the mother didn't want the baby after the surrogate gave birth then she wouldn't adopt the baby and would and should be entitled to neither SAP nor SMP but the surrogate mother would then quite rightly be entitled to SMP. There's no argument surely and therefore the item was a waste of time.
Channel 5 Broadcasting Ltd. 2014