Do mothers who have children through surrogates have a right to maternity leave?
The European Court of Justice has been asked to decide a mothers’ right to maternity leave if she has a baby through a surrogacy arrangement. Two cases have been referred to the ECJ and the Advocate Generals (advisers for the ECJ) have offered conflicting opinions. Such opinions are usually adopted as final judgments by the ECJ but in this scenario only one can be.