Yes, in many cases, intended parents can receive parental leave even if they didn’t physically give birth — but it depends on your country’s laws, your employer’s policy, and whether you’re eligible.
Let’s break it down:
1. Parental vs. Maternity Leave
First, it’s important to understand the terminology.
- Maternity Leave typically refers to the time off given to someone recovering from childbirth.
- Parental Leave (or adoption leave in some countries) is broader and can apply to any new parent — biological, adoptive, or via surrogacy.
If you’re an intended parent through surrogacy, you’re usually applying for parental leave, not maternity leave in the medical sense.
2. What the Law Says (Country by Country)
🇺🇸 United States
Under the FMLA (Family and Medical Leave Act), you may qualify for up to 12 weeks of unpaid leave to bond with your child — even if the child is born via surrogacy.
➡️ Not all employers are covered by FMLA, and you need to have worked at least 12 months.
➡️ Some companies may offer paid parental leave, depending on their internal policies.
🇨🇦 Canada
Canada allows adoptive or surrogate-intended parents to take Parental Leave (up to 63 weeks, some of it paid depending on EI eligibility).
🇬🇧 United Kingdom
Intended parents through surrogacy can take Statutory Adoption Leave — up to 52 weeks, with Statutory Adoption Pay available to those who qualify.
➡️ You must apply for a Parental Order to be eligible.
🇦🇺 Australia
Under Fair Work, intended parents through surrogacy can apply for unpaid parental leave, provided they have worked for their employer for 12 months.
➡️ Paid parental leave may also be available through Centrelink.
3. What If You’re Not Legally Recognized as a Parent Yet?
In some countries, especially if the Parental Order isn’t yet finalized, your right to leave may be delayed. Employers might request proof of your intent or custody agreement.
4. What to Tell Your Employer
When applying for leave:
- Be honest but clear. Explain your surrogacy journey and expected due date.
- Present legal documentation (if needed), like a surrogacy agreement or court order.
- Refer to HR or employee handbook for company-specific leave policies.
5. Tips for Surrogacy-Related Leave
- Apply early — surrogacy timelines can shift.
- If your country lacks surrogacy leave laws, negotiate custom arrangements.
- Don’t forget about your partner — many countries offer partner or co-parental leave too.
Final Thoughts
Yes, you can take time off to welcome your baby born through surrogacy — but you may need to apply for parental leave rather than maternity leave. Always check your local laws and company policy, and prepare documentation in advance.
Your bond with your baby starts the moment you become a parent — no matter how that child comes into the world. ❤️
