Jennifer Whitmore (Wicklow, Social Democrats)
Link to this: Individually | In context | Oireachtas source

1331. To ask the Minister for Children, Equality, Disability, Integration and Youth the leave available to a same-sex, non-genetic-intended parent of a child, born through surrogacy in July 2025; and if she will make a statement on the matter. [10990/25]

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Programme for Government 2025 - Securing Ireland's Future commits to introducing paid surrogacy leave and my officials are examining this commitment. They are also engaging with officials from the Department of Social Protection as the Minister for Social Protection has responsibility for the payment of any associated benefits.

As the Deputy may be aware, the Minister for Health has responsibility for the Health (Assisted Human Reproduction) Act 2024 and for policy on surrogacy. However, my Department has supported the process of enacting that legislation, particularly as it relates to the rights of the child and to any workplace-related leave arising from surrogacy.

Under the Parent’s Leave and Benefit Act 2019 (as amended), working parents are entitled to nine 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. Intending parents from a surrogacy agreement 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.

The father of a child born through surrogacy can also qualify for Paternity Leave if he is the biological father of the child and declared to be the father of the child. The leave entitlement is for two weeks, to be taken within six months of the child's birth.

Both the biological father and the other parent can qualify for 26 weeks each of unpaid Parental Leave if acting in loco parentis in respect of a child under 12.