Mother of surrogate baby denied maternity benefit

A woman whose child was born as a result of a surrogacy arrangement has lost her High Court action alleging the State’s refusal to pay her maternity benefit amounts to unlawful discrimination in breach of the Equal Status Act.

Ms Justice Iseult O’Malley found the Equal Status Act cannot be used to “fill the gap” caused by the continuing absence of legislation to deal with surrogate births.

However, the judge added, she was “not persuaded” by the Department of Social Protection’s insistence that it could not set up a non-statutory scheme to make provision for women in the position of this applicant.