Rate this!
Anthony Hamill
Member - 8 posts
A couple who could not have a baby were able to have the sister carry the donated egg if the baby is handed over at birth would the adopting mother be able to claim any leave from work?
Rate this!
Lisa Dormon
Member - 15 posts
I believe the law states currently the adopting party must have the child placed with them by an "approved adoption agency" and must give their employer a "matching certificate". In this example of her adopting from within the family, I'm not sure it would apply, unless via an approved agency. However she may be able to request unpaid parental leave. She should have a minimum of 1 years service, and employers have the option to limit the length of absence to 4 weeks per year.
I have a feeling some of this will down to the employees relationship with her manager/company and how willing to be flexible they are.
Rate this!
James Fairchild
Member - 210 posts
I wonder whether it is relevant to consider whose egg was used (i.e. who the natural mother of the baby is)?
I would not be surprised if it were the case that both ladies were entitled to 9 months ordinary maternity leave (the sister to recover from the pregnancy, and the natural mother to recover from the pregnancy).
Anthony, my advice is to tread very sensitively and carefully. This could potentially be an issue your company should take both occupational health and employment solicitor advice upon.
0 (0)
