From 8th April 2015, parental leave is available to couples in the UK expecting a child through surrogacy. Reforms under the Children and Families Act 2014 (which came into force on 5th April 2015) extend adoption leave to surrogacy, so that same sex and heterosexual parents through surrogacy can claim the equivalent of full maternity/paternity leave and pay.
The new rules apply to parents who intend to apply for a parental order (a court order which makes them legal parents of a child born through surrogacy). Parents will be entitled to a maximum of one year off work and the same rates of pay as those received during conventional maternity leave, which is 90% of salary for the first six weeks, followed by the statutory rate thereafter.
This parental leave is a form of adoption leave, and will enable the parents to choose who takes the main leave and the other partner is entitled to paternity leave. Both parents will also be entitled to time off during the pregnancy to attend two antenatal appointments.