Mother by surrogacy ineligible for maternity allowance

A woman who had a surrogate pregnancy after her womb was removed due to cervical cancer was refused unpaid maternity leave on the grounds she was not entitled to it.

Barrister Nuala Butler SC told the Circuit Civil Court that the married 33-year-old, who cannot be identified, lost her own natural 15-week pregnancy at the time of her hysterectomy and was afterwards unable to carry another pregnancy.

As a result of the procedure, the woman, who cannot be identified, could not support a pregnancy and had a disability within the meaning of the Equal Status Acts, it is claimed.