Pa Daly (Kerry, Sinn Fein)
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260. To ask the Minister for Employment Affairs and Social Protection if intending parents in surrogacy arrangements are entitled to maternity and paternity benefit or leave; and if they may be entitled to other forms of family leave, such as parental leave and parent's leave; and if he will make a statement on the matter. [38341/25]

Dara Calleary (Mayo, Fianna Fail)
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My colleague the Minister for Health has responsibility for the Health (Assisted Human Reproduction) Act 2024. This complex and far-reaching legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy, but also provides for the regulation of future surrogacy arrangements undertaken by Irish residents in other jurisdictions.

In addition, the legislation allows for the recognition of parentage arising from past domestic and international surrogacy arrangements. The implementation of this legislation is a prerequisite for the introduction of surrogacy leave and benefit.

My Department is responsible for the administration and payment of a range of benefits that support parents of newborn and young babies. Entitlement to these benefits follows on from workers having an entitlement to the corresponding leave. The legislation governing the different forms of family leave is a matter for my colleague, the Minister for Children, Disability and Equality.

Maternity Leave and Benefit are provided for under the Maternity Protection Act 1994 and 2004. Under the provisions of this legislation, Maternity Leave and Benefit is only payable to the birth mother of a child who meets the relevant conditions. Surrogacy is not recognised under the Maternity Protection Act 1994 and 2004, and as such Maternity Benefit is not payable to intended parents through surrogacy.

Paternity Leave and Benefit are provided for under the Paternity Leave and Benefit Act of 2016. Under this legislation, Paternity Leave and Benefit is payable to relevant parents who meet the relevant conditions and are on Paternity Leave from their employment. The father of a child born via surrogacy would be considered a relevant parent under the Paternity Leave and Benefit Act of 2016 and may have an entitlement to two weeks Paternity Leave and Benefit, payable at €289 per week, if they fulfil the relevant conditions of the scheme.

Parental leave is governed by the Parental Leave Acts 1998 to 2019, which provide for up to 26 weeks of unpaid leave per eligible parent. The Minister for Children, Disability and Equality has responsibility for this legislation. Intended parents of a child born through surrogacy may be considered relevant parents under the legislation and may qualify for Parental Leave, subject to meeting the eligibility criteria.

Parent’s Leave and Benefit are governed by the Parent’s Leave and Benefit Act 2019. This legislation allows for nine weeks of leave and benefit, payable at €289 per week. Both intended parents of a child born through surrogacy may qualify as relevant parents under this act and may be entitled to claim Parent’s Leave and Benefit, if eligible.