Noel Grealish (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

495. To ask the Minister for Employment Affairs and Social Protection the policy regarding maternity leave and adoptive leave for women who become mothers through surrogacy in cases in which the mother has their name listed on the birth certificate; and if she will make a statement on the matter. [50812/17]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Department of Justice and Equality have responsibility for maternity and adoptive leave which are provided for in the 1994 and 2004 Maternity Acts and the 1995 and 2005 Adoptive Leave Acts. Maternity leave is only available to the mother and adoptive leave is only available to an adopting mother or sole male adopter. My Department has responsibility for the associated social welfare payments of maternity benefit and adoptive.

With regard to registering a birth in Ireland, in the case of surrogacy, it is the birth mother who is listed as the mother on the child’s birth certificate. This position was upheld by a Supreme Court decision of 2014.

As the Deputy will be aware, surrogacy is not currently regulated in Ireland. However, the Department of Health is currently developing legislative provisions on assisted human reproduction and associated issues, which will include provisions relating to surrogacy.

Any decision to change the current leave arrangements in relation to maternity and adoptive leave would be the responsibility of the Minister for Justice and Equality.