If she meets the eligibility requirements in the maternity policy, an employee giving birth on behalf of surrogate parents is entitled to both maternity leave and pay and should follow the procedure outlined in the maternity policy.
We will apply the adoption policy for employees starting a family through a legal surrogacy arrangement.
Where the baby is the subject of a Parental Order following a legal surrogacy arrangement, there will be no legal entitlement to statutory leave and pay. However, in such circumstances, we will provide surrogate parents with the equivalent entitlements as those which apply to adoptive parents, on the proviso that they provide:
- a copy of the MATB1 prior to the birth of the baby, and
- a copy of the ‘Parental Order’ as soon as possible after the baby’s birth and no later than six months after the commencement of adoption leave
and that the employee:
- is contracted to work full-time or part-time on terms and conditions in excess of the statutory requirements
- has a minimum of 26 weeks’ continuous service with the University, ending with the week of the baby’s due date
- has given notice of their intention to return to work
Employees should inform their manager and HR of their intention to take adoption leave under a surrogacy arrangement at least 28 days before they intend to commence their leave, unless this is not reasonably practicable. They will need to complete the adoption (surrogacy) application form to inform their manager and HR of the following:
- when the baby who is the subject of the surrogate agreement, is due to be born, and
- when they want their surrogacy leave to start
Employees can choose to start their surrogacy leave on the date of the baby’s birth or on a pre-determined date from 14 days before the baby’s due date.
The University retains the right to reclaim any payment made, and to be compensated for leave taken, if the member of staff fails to provide a copy of the ‘Parental Order’ within six months of leave and pay commencing.
Eligible parents*who have a child through surrogacy will be permitted to take Ordinary Paternity Leave and pay, and Shared Parental Leave and pay. Both parents will also be entitled to take time-off to attend two unpaid antenatal appointments with the woman carrying the child.
* Parent, includes: spouse, partner of mother, including civil partner/same sex partner.