Woman taking Iain Duncan Smith to High Court 20120923

Document Sample
Woman taking Iain Duncan Smith to High Court 20120923 Powered By Docstoc
					    http://www.dailymail.co.uk/news/article-2207401/Woman-baby-using-surrogate-claims-human-rights-breached-
    allowed-maternity-pay.html?ito=feeds-newsxml




    Woman who had a baby using a surrogate claims
    her human rights have been breached because
    she has not been allowed to have maternity pay
   'I am just like any other parent of a newborn and my son and his needs are the
    same as any other baby'


    A woman is fighting for the right to get
    maternity pay despite having a baby
    using a surrogate mother.
    She is taking Iain Duncan Smith, the
    Work and Pensions Secretary, to the
    High Court claiming her human rights
    are being breached.
    The woman, from Kent, says that even
    though she did not give birth to her son
    she is entitled to paid leave to look after
    and bond with him.
    She told the Sunday Times: 'Having my
    son via surrogacy does not change the
    fact that I want to and need to be there
    to care for him and bond with him in the
    early months of his life.
    'I am just like any other parent of a
    newborn and my son and his needs are
    the same as any other baby.'
    The mother, to be named as RKA in court documents, says she 'feels
    judged' for her inability to have a child naturally.
    Her case is being brought at the same time as a legal challenge from
    Surrogacy UK which wants a judicial review of regulations barring
    maternity pay to mothers who use surrogates.
    There are now about 140 surrogate births every year and the numbers
    are rising.
Currently, surrogates are paid a maternity allowance and given leave
while in adoption cases, the birth and legal mothers are guaranteed pay
up to 39 weeks and can take 52 weeks leave.
In the case of RKA , a medical problem meant she could not carry a baby,
so the couple had IVF treatment and then embryos were implanted in a
surrogate in September last year.
Her company reportedly said it was not legally required to give her paid
leave or time off, when she asked about her benefits. They offered her 52
weeks unpaid leave.




In May, she contacted her employers about coming back to work, but was
made redundant two months later.
She missed out on payment protection because her unpaid leave did not
count in the same way as maternity and adoption leave.
RKA's lawyer Merry Varney told the Sunday Times: 'We hope that
through bringing these cases parents of children born via surrogacy can
be considered equal to those fortunate to have a family through natural
birth.'

				
DOCUMENT INFO
Shared By:
Stats:
views:23
posted:9/23/2012
language:English
pages:2
Description: Woman who had a baby using a surrogate claims her human rights have been breached because she has not been allowed to have maternity pay • 'I am just like any other parent of a newborn and my son and his needs are the same as any other baby'