What is surrogacy leave in Ireland?

At present, Irish law does not provide a standalone statutory “surrogacy leave” for intended/commissioning parents. The commissioning mother is not entitled to statutory maternity leave, and adoptive leave generally does not apply unless there is a qualifying adoption. Intended parents may, however, use other family leave types (see below).

Do surrogates get maternity leave in Ireland?

Yes. The surrogate (as the birth mother) is entitled to statutory maternity leave (26 weeks, plus up to 16 additional unpaid weeks), standard notice rules, and health & safety protections for pregnancy and post-birth. Employers are not obliged to top up pay; PRSI-qualified employees may claim Maternity Benefit.

Do intended parents get maternity leave after surrogacy?

No—commissioning mothers are not automatically entitled to maternity leave for a child born through surrogacy. This reflects established case law and current guidance.

What types of leave can intended parents use after surrogacy? (types of leaves)

The following leave types are available to eligible intended parents in Ireland:

Parents’ Leave (paid)

9 weeks paid within the first 2 years after birth/placement (per eligible parent).

Parental Leave (unpaid)

26 weeks unpaid per parent to care for a child under 12 years; usually requires 1 year’s continuous service; can be taken in blocks or part-time by agreement.

Paternity Leave (paid)

2 weeks for the parent who is not taking adoptive leave, within 6 months of birth/placement.

Note: Adoptive leave rules primarily attach to qualifying adoptions. Surrogacy alone does not trigger adoptive leave for commissioning parents.

Maternity leave & surrogacy: what still applies?

While commissioning parents do not receive maternity leave, standard maternity-related obligations continue to protect the pregnant employee (the surrogate), including:

• Minimum 2 weeks before and 4 weeks after birth must be taken as part of maternity leave.
• Paid time off for antenatal visits; one set of antenatal classes for the expectant father/partner.
• Risk assessment and possible health & safety leave if hazards cannot be removed.

Do you get maternity leave if you are a surrogate?

If you are the surrogate, yes—maternity leave applies to you as the person who gives birth. If you are an intended parent, maternity leave does not apply; consider Parents’ Leave, Parental Leave and (if eligible) Paternity Leave.

Who counts as a “relevant parent” for Parents’ Leave?

Under current guidance, “relevant parent” may include:

• A parent of the child
• A spouse, civil partner or cohabitant of the child’s parent
• A parent of a donor-conceived child (per Children and Family Relationships Act 2015)
• The adopting parent(s)
• The spouse or civil partner of the adopting parent (if not adopted jointly)

What’s changing? (policy direction)

The Health (Assisted Human Reproduction) Act 2024 established the regulatory framework for AHR (including surrogacy) and set up the Assisted Human Reproduction Regulatory Authority (AHRRA).

The Programme for Government 2025 includes a commitment to introduce paid surrogacy leave; officials are examining proposals with the Department of Social Protection. (As of July–October 2025, no specific new surrogacy-leave entitlement has commenced.)

Practical steps for employers and employees

• Plan early: Agree Parents’ Leave/Parental Leave schedules and any paternity leave within statutory windows.
• Documentation: Keep birth/placement documents and PRSI/Maternity/Parents’ Benefit claims (where applicable).
• Policies: Update internal leave policies to reference surrogacy arrangements, clarify eligibility for Parents’/Parental/Paternity Leave, and outline any discretionary pay.
• Health & safety: For pregnant employees (surrogates), conduct risk assessments and consider health & safety leave where needed.