THE EUROPEAN COURT of Justice yesterday ruled that women who use surrogate mothers are not legally entitled to maternity leave when the baby is born.
EU member states are free to apply more accommodating rules if they choose to do so, it added.
The court was considering two cases, one of a woman in Ireland who was fertile but had no uterus and used a surrogate mother in California.
The court said that the refusal of maternity leave did not breach EU law.
Earlier this year, Justice Minister Alan Shatter said that the law regarding “non-traditional” families will be reviewed.
We’re asking: Should women who use surrogates be entitled to maternity leave?