Dáil Éireann Debate, Wednesday - 21 April 2021
1227. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 729 of 31 March 2021, if parents who welcome a child via surrogacy can avail of parental leave and parent’s leave and benefit; and if he will make a statement on the matter. [18840/21]
View answerThe Parental Leave Act 1998 entitles parents to unpaid leave to look after their children. This leave is available to a relevant parent, who is defined as a parent, adoptive parent or person acting in loco parentis.
The Parental Leave (Amendment) Act 2019 introduced a significant extension to the existing parental leave entitlements, raising the age of the child for whom parental leave may be taken from eight years to twelve. It also extended the parental leave entitlement by 8 weeks, on a phased basis. The last of these increases came into effect on 1 September 2020 and parents are now entitled to 26 weeks leave in total.
In addition, the Parent’s Leave and Benefit Act 2019 introduced two weeks of paid parent's leave for each relevant parent, as defined in the legislation, to be taken in the first year after the birth or adoptive placement of a child. The definition of relevant parent under the Act includes a parent of the child and the spouse, civil partner or cohabitant of a parent of the child.
Following the commencement of the Family Leave and Miscellaneous Provisions Act 2021 on 1 April 2021, an additional three weeks of paid parent's leave has been granted to each relevant parent, and the period in which the leave can be taken has been extended to the first two years after the birth or adoptive placement of a child.
Parents of children born through surrogacy may be entitled to these forms of leave where the parent or parents meet the broad definitions provided for in the legislation.
