Dáil Éireann Debate, Tuesday - 25 November 2014
168. Deputy Dara Calleary asked the Tánaiste and Minister for Social Protection to outline the supports available to parents of children born via surrogacy; and her plans to review these supports in view of the recent Supreme Court decision. [45054/14]
View answerThe legislative provisions relating to maternity benefit and child benefit are contained in the Social Welfare Consolidation Act, 2005 and Statutory Instrument No. 142/2007 (as amended).
Entitlement to maternity benefit is subject to the following provisions:
- It being certified by a registered medical practitioner that it is expected that the woman will be confined in a week specified in the certificate;
- In the case of an employed person, it is certified by the woman’s employer that she is entitled to maternity leave under the provisions contained in the Maternity Protection Acts 1994 and 2004; and
- That she meets certain PRSI and employment conditions.
This means that entitlement to maternity benefit derives from entitlement to maternity leave under the Maternity Protection Acts. As surrogacy is not recognised under these acts, claims to maternity benefit involving surrogacy births can only be considered if there is a legislative change under maternity leave legislation. Issues relating to maternity leave are a matter for my colleague, Francis Fitzgerald T.D., Minister for Justice and Equality.
In respect of child benefit, payments are made to a single adult with whom a child normally resides. In situations other than where the qualified child is normally residing with his/her parents or step-parents, child benefit can be paid to the woman who has care and charge of the qualified child in the household in which the child normally resides. If there is no such woman in that household, child benefit can be paid to the head of that household.
This means that in the case of surrogacy that child benefit could be paid to an adult who normally resides with the child if the conditions above are satisfied.
