Dáil Éireann Debate, Tuesday - 25 July 2023
951. Deputy Paul Kehoe asked the Minister for Children, Equality, Disability, Integration and Youth what arrangements are in place to provide maternity leave for public sector employees whose children have been born through surrogacy; and if he will make a statement on the matter. [34869/23]
View answerPolicy on surrogacy rests with the Minister for Health, and policy on parentage is a matter for the Minister for Justice. In addition, the Minister for Public Expenditure, NDP Delivery and Reform has responsibility for setting terms and conditions around statutory and non-statutory leave for civil servants.
I would like to bring to the attention of the Deputy that, under the Parent’s Leave and Benefit Act 2019 (as amended), working parents are entitled to seven weeks of paid Parents' Leave for each relevant parent, to be taken in the first two years after the birth or adoptive placement of a child.
The intention of this leave is to enable parents to spend time with their child in the earliest years. It is deliberately non-transferable between parents to ensure that both parents are encouraged and supported in taking time out from work to spend time with their child. This is further supported through the provision of Parents’ Benefit.
Commissioning surrogate parents may be entitled to Parents’ Leave, depending on their circumstances. The father of a child born through surrogacy can qualify for Parents’ Leave if he is the biological father of the child and declared to be the parent of the child. In these circumstances, the father's partner may qualify for Parents’ Leave if they are married to, or in a civil partnership with, the child’s biological father, or have cohabited with the child’s biological father for over 3 years.
