Maternity leave for surrogates

In the UK, surrogates have the same maternity leave allowances and rights as any other pregnant employee. While surrogacy has its complexities, the rules around paternity and maternity leave with surrogacy are clear.

Surrogates’ entitlement to maternity leave eand pay

For UK surrogates who are employed, the entitlement to maternity leave and pay is the same as if you were having your own child, meaning you can take your full allowance of maternity leave and pay if you wish.

Statutory maternity leave is 52 weeks, or one year. It comprises Ordinary Maternity Leave (first 26 weeks) and Additional Maternity Leave (second 26 weeks). You do not need to take the full leave if you don’t want to but you must take at least two weeks leave after the baby is born, or four weeks if you work in a factory.

You will receive (at a minimum) 90% of your normal salary for the first six weeks of your maternity leave and pay at a statutory flat rate after that – although your pay may be enhanced by your employment contract so it is worth checking your company’s policy to find out what you are entitled to. If you do not expect your pay to be covered in full for the maternity leave you expect to take, you should speak to your intended parents about whether they will cover the shortfall as part of your expenses.

Maternity leave for surrogates FAQs

When do you need to tell your employer you are pregnant?

You should tell your employer you are pregnant and want to take maternity leave at least 15 weeks before the baby’s due date (though you may want to do so sooner as you will get other employment protections once you have).

You will be given a MatB1 form at around 20 – 25 weeks of the pregnancy by your midwife which you will need to give to your employer to confirm the baby’s due date and your entitlement to maternity leave.

What about time off work for ante-natal appointments?

Your employer must give you time off work to attend antenatal appointments. Your intended parents will be entitled to time off work to attend two antenatal appointments with you, although their employers may allow more.

It is helpful for surrogates and intended parents to review their employers’ specific policies (if they have them) with regards to time off work to attend fertility appointments, as well as pregnancy and maternity rights and to talk openly with employers about their plans.

What maternity leave is there for surrogates who are self-employed?

If you are self employed you won’t be entitled to maternity leave and pay from your employer, but you may be able to claim Maternity Allowance, which is broadly equivalent to maternity pay. However, you should check out the rules carefully. Guidance of eligibility for maternity leave for the self employed is available on the .gov website.

Are the partners of surrogates entitled to paternity leave?

Your partner is not usually eligible for paternity or parental leave (even if he/she is your surrogate child’s legal parent) because paternity leave, unlike maternity leave, relies on you having caring responsibilities for the child.

What is normal for a surrogate to take in terms of maternity leave?

Many surrogates don’t feel the need to take the full allowance because they will not have a newborn to care for, although you should take whatever time you need to recover physically and emotionally, and to spend valuable time reconnecting with your own family. What you choose is at your discretion, but do discuss this with your intended parents in advance, especially if you are expecting them to cover any lost earnings as part of your expenses.

Do parents through surrogacy also get time off work after the birth?

Yes. Your intended parents will, if employed, be entitled to a special form of adoption leave which essentially gives them to same rights to time off work and pay as other new parents. This is in addition to your leave. See Paternity & Maternity Leave For Surrogacy Parents – Brilliant Beginnings