SURROGACY – THE RIGHTS OF THE INTENDED MOTHER

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Conference
2010 National Women's Conference
Date
9 October 2009
Decision
Carried

Conference welcomes the recent increases in statutory maternity and adoption pay and allowances and the positive effects this is having on families.

However, conference sadly notes that under current legislation a woman having a child through surrogacy is not entitled to any Maternity or Adoption leave. All they are eligible to is unpaid parental leave once they have applied for and been granted a Parental Order, proceedings for this cannot commence until the child is 6 weeks old. This remains the case even when the intended Parents are the genetic parents.

The surrogate is protected throughout and remains eligible to full Maternity Leave pay and conditions.

Conference further notes that the current situation again discriminates against the intended mother as the intended father is entitled to paternity leave, whilst the intended mother has to plead to her employer and may even face having to give up her employment as she has no rights to request flexible working at this point. Some organisations have the issue of surrogacy covered within their “Special Leave” or “Maternity/Adoption” policies, however, a great many do not address the issue at all.

Under the current system, mothers and families created through surrogacy are less valued. A system is needed that supports these families, based on equality and fairness.

Conference therefore calls upon the National Women’s committee to:

1)Work with the UNISON service groups to seek improvements through their negotiating bodies.

2)To work with Labour Link to urge the Government to make equal provisions for intended mothers and put an end to this inequality toward surrogate mothers and their families.

3)work with Branch Equality Officers to ensure the issue of surrogacy is addressed within the workplace.