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Question

111. Deputy Michael McGrath asked the Minister for Justice and Equality the legal position regarding entitlement to maternity leave and parental leave in respect of a person who becomes a parent through surrogacy abroad; and if she will make a statement on the matter. [21227/15]

Answer

Minister of State at the Department of Justice and Equality (Deputy Aodhán Ó Ríordáin): Under existing Irish law and EU Directives, maternity leave is only available to a mother who gives birth to a child. This position has been supported by Judgment C-363/12 of the European Court of Justice delivered in March 2014.
Eligibility for parental leave is wider. Parental leave may be available to persons who are the natural parents, adoptive parents, adopting parents or acting in loco parentis to a child.