Surrogacy leave policy

Surrogacy Leave

Surrogacy is when a surrogate carries and gives birth to a baby for the intended parents. The surrogate who gives birth to the child will be treated as the birth parent, however, parental responsibility can be transferred by either an adoption or parental order.

Birth mother

If you are a birth parent in a legal surrogacy arrangement you have the same maternity rights as any other pregnant employee, irrespective of what happens after the child is born and you should follow the guidance outlined in the maternity policy.

• Maternity policy 

Surrogate parents

If you are an employee who is adopting a baby through a legal surrogacy arrangement, you should follow the guidance outlined in the adoption policy.

• Adoption policy

Where the baby is the subject of a Parental Order following a legal surrogacy arrangement, the University will provide surrogate parents with the equivalent entitlements as those which apply to adoptive parents. The University requires:

• A copy of the MATB1 prior to the birth of the baby, and
• A copy of the parental order no later than 6 months after the commencement of adoptive leave

Employees should inform their line manager and the People Support team 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. Employees should complete the adoption (surrogacy) application form to provide the following information:

• When the baby who is the subject of the surrogate agreement is due to be born, and
• When you want the surrogacy leave to start

Employees can chose to start their surrogacy leave on the date of the baby’s birth or a pre-determined date from 14 days before the baby’s due date.

• Adoption (surrogacy) application form -less than 1 year employment (please see form below)
• Adoption (surrogacy) application form - more than 1 year employment (please see form below)

For employees in surrogacy arrangements, Occupational Adoption Pay or Statutory Adoption Pay cannot commence until the baby is born.

Further information

The University retains the right to reclaim any payment made if the member of staff fails to provide a copy of the Parental Order within 6 months of leave and pay commencing.

Eligible parents who have a child through a legal surrogacy arrangement will be permitted to take Ordinary Paternity Leave and pay, and Shared Parental Leave and pay.

• Ordinary paternity leave 
• Shared parental leave 

Both parents are entitled to take time off to attend 2 unpaid antenatal appointments with the surrogate carrying the child.