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29 April 2014 0 Comments
Posted in Employment, Opinion

Surrogate mothers not protected by EU law

Author headshot image Posted by , Partner

In two cases before the ECJ, CD v ST and another case, the ECJ has held that there was no breach of EU law to deny to mothers who had children by a surrogate, maternity or adoption leave and pay. They had not been pregnant so they were not entitled to maternity leave, and since a man who had organised a surrogacy would be treated the same, there was no sex discrimination.

The Court also held that a woman who was unable to have children because she had no uterus was not discriminated against on the grounds of disability in not being provided with leave and pay.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222

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