Family-Friendly Rights and Surrogacy
How We Can Help
Family-friendly rights are constantly developing so that they better support modern working families. More women are holding senior executive positions in businesses and the developing rights aim to remove the stereotypical view that the mother is always the primary carer for the child.
The number of surrogate babies is also rising and with this, we are seeing a change in the rights for couples who use a surrogate. For example, from April 2015, couples who use a surrogate have the following rights:
- the right to adoption leave and adoption pay; and
- the right to unpaid parental leave (for up to 18 weeks until the child is 18 years old).
We provide advice on all aspects of family-friendly rights including rights for surrogate parents.
- Advising a senior HR employee on maternity leave in relation to a potential discrimination claim arising from her selection for redundancy, securing a significant exit package for her.
- Advising another employee on maternity leave in relation to the right to be offered an alternative role because her role had been made redundant whilst she was on maternity leave.
- Bringing claims for sex and pregnancy discrimination in relation to women treated less favourably whilst pregnant or on maternity leave, including claims resulting in significant payments of compensation.
- Advising on the right to request flexible working and the process that employers must follow when such a request is made.
- Providing training on Shared Parental Leave and the entitlements now available to leave and pay for mothers, fathers and adopters.
If you would like assistance in relation to family-friendly rights, please contact a member of our Employment department. Our Family department can also provide you with advice regarding family law (including advice on assisted reproduction and surrogacy).