Eoin Hayes (Dublin Bay South, Social Democrats)
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181. To ask the Minister for Children, Disability and Equality the timeline for the introduction of paid surrogacy leave, as committed to in the Programme for Government; and if she will make a statement on the matter. [62247/25]

Norma Foley (Kerry, Fianna Fail)
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The Programme for Government 2025 commits to introducing paid surrogacy leave and my officials are examining how best to implement 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 leads on the Health (Assisted Human Reproduction) Act 2024, which includes provisions in relation to surrogacy which have implications for the introduction of surrogacy leave. Decisions on the date of commencement of the 2024 Act are matters for the Minister for Health. I can assure the Deputy that this Department will work closely with relevant Departments once the 2024 Act has commenced to finalise proposals for surrogacy leave.

Under the Parent’s Leave and Benefit Act 2019 (as amended), working parents are entitled to nine weeks of paid Parent's 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 Parent's Leave, depending on their circumstances. The father of a child born through surrogacy can qualify for Parent's 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 Parent's 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. This can be extended until a child reaches the age of 16 if they have a disability or long term illness.