Spanish Supreme Court Approves Maternity Leave For Parents of Baby Born Through Surrogacy


Spain’s Supreme Court has for the first time recognized the right to maternity leave of working parents who used surrogate mothers.

Ruling on two appeals by working parents denied benefits by the Social Security System, the court held that maternity by surrogacy or substitution may be considered a “protected situation” for the purpose of benefits for maternity, adoption or foster parenting.

While Spanish law forbids gestational surrogacy, the Supreme Court ruled that any other legal irregularities were secondary given that “attention to minors” takes precedence when it comes to Social Security benefits.

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