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Surrogacy Policy.docx

Renfrewshire Council · 5 September 2023
Back to Renfrewshire Council Joint Negotiating Committee for Teaching Staff — 5 September 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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Agenda Item .......... 
Renfrewshire Joint Negotiating Committee for Teachers 
To: Renfrewshire Joint Negotiating Committee for Teachers 
On: 5 September 2023 
Report by
Head of Education 
Surrogacy Policy 
1. Summary 
The SNCT Handbook, section 7 Family Leave (Paragraphs 7.5.1 – 7.5.9)
provides the national guidance for all teaching staff in relation to surrogacy
leave and entitlement.   
However, following recent discussions with a member of the teaching faculty
who was looking to apply for this leave it was agreed that whilst the guidance
was helpful it did not provide our teaching staff with detail required in relation to
application form, clarity of the process via flowchart and a clear understandable
policy for them to follow. 
2.      Recommendations 
It is recommended that the attached Surrogacy Policy and attachments be
approved and distributed to all Headteachers for distribution to raise awareness
to their staff.

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Issue Number: 1                          
Issue Date: 7/23
Review Date:  7/25    
Surrogacy Pay and Leave                      
Policy 
For Teachers, Quality Improvement Officers, Educational
Psychologist and Music Instructors 
This document is
available in alternative
formats on request.

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CONTENTS 
1 Introduction          3 
2 Purpose and Aims           3 
3 Scope           4 
4 Our responsibilities         4 
5 Definition          4 
6 Legal Parentage         4 
6.1 Parental Order         4 
7 Surrogacy Leave         4 
7.1  Application for Surrogacy Leave       5 
7.2 Commencement of Leave        5 
8 Entitlement to Pay and Leave       5 
8.1 Pay           5 
8.2   Leave           6 
9 Eligibility for shared parental leave      6 
9.1  Surrogate’s Eligibility for Shared Parental Leave (ShPL)   6 
10  Confidentiality          7
11 Equality and Human Rights Impact Assessment    7    
12 Monitoring and Review         7 
Appendix 1 – Surrogacy Leave Application Form

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VERSION CONTROL
Version  Date Details of Review/Revisals made Next Review date                 
1. Introduction
1.1  The Council strives to create a working environment that support employees
with parenting responsibilities to achieve a better balance between their lives
inside and outside of work.  The Council workforce is diverse, and many
employees are working parents.   
1.2  The Surrogacy Leave and Pay Policy is designed to offer flexibility to employees
at particular stages of their lives.
1.3  This policy covers leave and pay provisions relating to:  
• Surrogacy Leave 
2.  Purpose and Aims 
2.1  The purpose of this policy is to promote the Council’s parenting leave and pay
provisions which support and encourage employees to share parenting
responsibilities.
2.2  This policy aims to: 
• Provide information and raise awareness of surrogacy leave in the Council,
eligibility criteria and the associated pay rates. 
• Support employees who have parenting responsibilities and help them achieve
a better balance between working and parenting commitments. 
• Meet all legislative employment requirements. 
• Implement fair, inclusive and consistent requesting and approval processes. 
• Support the achievement of the Council’s workforce planning, equality,
diversity and gender pay gap outcomes.

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3.  Scope 
3.1  This policy complements other Council policies such as Parenting Leave and
Pay Policy, Flexible Working, Special Leave/Supportive Leave, Respect at
Work, and Equality and Diversity. Further guidance for Local Government
Employees is available from HR & OD. 
4.  Our Responsibilities
4.1 Managers, Elected Members, HR & OD, Customer and Business Services and
the Trade Unions all have a part to play in ensuring the principles of this policy
are applied effectively.  
5. Definition
Surrogacy is the practice whereby a woman (the surrogate mother) carries a
child for another person and (usually) that person's partner (the commissioning
couple) as the result of an agreement prior to conception that the child should
be handed over to them after the birth.  
6.  Legal Parentage
Provision as to the legal parentage of children resulting from certain fertility
treatments is made by the Human Fertilisation and Embryology Act 1990 and
the Human Fertilisation and Embryology Act 2008. 
The 1990 Act and 2008 Act set out specific conditions that must be fulfilled for
the commissioning couple to apply for a parental order. If they do not fulfil these
conditions, they cannot apply for a parental order.  
6.1  Parental Order
A couple (married couple, civil partners or a couple in an enduring family
relationship) may additionally be treated as the legal parents of the child if a
parental order has been made in their favour under s.54 of the Human
Fertilisation and Embryology Act 2008. 
Such an order made before 6 April 2010 will not have any automatic nationality
consequences for the child but may justify registration under s.3(1) of the BNA
1981 (see Chapter 9). A child who is the subject of a parental order made in a
UK court after 6 April 2010 will become a British citizen from the date of the
order if either of the persons who obtained the order is a British citizen.
7  Surrogacy Leave
Where the baby is the subject of a Parental Order following a legal surrogacy
arrangement, the Council will provide surrogate parents with the equivalent
entitlements as those which apply to adoptive parents. The Council requires:

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•   A copy of the MATB1 prior to the birth of the baby, which the birth mother
obtains from their GP or midwife at around 26 weeks before the baby is due.
This will provide the employer with notice of the impending birth and date the
leave will commence.
And
• A copy of the parental order, this should be provided no later than 6 months
after the commencement of the leave.
7.1 Application for Surrogacy Leave
Employees should have discussed with their line manager/Head Teacher their
intention to take the leave, when providing a copy of the MATB1, at around 26
weeks before the baby is due.  
The employee should complete the attached pro-forma (see appendix 1 of this
policy) and arrange to submit this application to their line manager, in writing, no
less than 28 days before the leave is due to commence. 
Only one person can take the leave, so a decision must be taken by the couple
as to who the leave will be applied to.  Once this decision is taken, the
employee will be entitled to 52 weeks Family Leave, regardless of length of
service.
If an employee has less than 26 weeks continuous contractual service, prior to
the week in which she/he received the child, they will be entitled to 52 weeks’
Family Leave without pay.
7.2  Commencement of Leave
An employee can choose to start their leave on the date of the baby’s birth or
the day after birth.  If an employee wishes to delay the start of the leave, you
must tell your line manager/Head Teacher at least 28 days before the date it's
currently due to start.
If an employee wishes to start their leave earlier than planned, you must tell
your line manager/Head Teacher at least 28 days before the date you want to
change it to.
If your baby is born earlier than expected or is premature, your leave starts
straight away, namely on the date your baby is born.
8 Entitlement to Pay and Leave 
8.1 Pay
If you are an employee who has less than 26 weeks’ continuous service, you
are entitled to 52 weeks’ adoption leave without pay.

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If you are an employee who has 26 weeks continuous service, you will be
entitled to be paid the following:
(a) 13 weeks at normal salary and
(b) 26 weeks at a sum equivalent to the payment made for statutory adoption
pay, provided the employee’s average weekly earnings are not less than the
lower earnings limit for National Insurance contribution liability.
8.2 Leave
An employee shall accrue annual leave in accordance with the provisions of
paragraphs 5.3 to 5.5 of the SNCT handbook and this can be found at the
following link Part 2 Section 5 - SNCT Handbook.
During the period of leave an employee is allowed up to ten days at work with
normal pay as Keeping in Touch Days, without bringing the leave period to an
end.
An employee is also entitled to take time off to attend 2 unpaid antenatal
appointments with the surrogate carrying the child.
9 Eligibility for shared parental leave
For employees to be eligible to take shared parental leave, both partners must
meet certain eligibility requirements. 
A partner is defined as: The father of the child, or the person who, at the date of
the child’s birth, is married to, the civil partner of, or the partner of the mother. A
partner may be someone of either gender, who lives with the mother and the
child in an enduring family relationship but who is not the mother’s child, parent,
grandchild, grandparent, sibling, aunt, uncle, niece or nephew.
9.1  Surrogate’s Eligibility for Shared Parental Leave (ShPL)
The person taking surrogacy leave, as set out in this policy, is eligible for shared
parental leave, if they:
• has at least 26 weeks' continuous service prior to the weeks in which she/he
receives the child and remains in continuous employment with the organisation
until the week before any period of shared parental leave that she/he takes.
• has, at the date of the child's birth, the main responsibility, apart from the
partner, for the care of the child.
• is entitled to Family Leave in respect of the child; and
• complies with the relevant leave curtailment requirements (or has returned to
work before the end of the leave) and shared parental leave notice and
evidence requirements.

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In addition, for the mother to be eligible for shared parental leave, the partner
must:
• have been employed or been a self-employed earner in at least 26 of the 66
weeks immediately preceding the expected week of childbirth.
• have average weekly earnings of at least the maternity allowance threshold for
any 13 of those 66 weeks; and
• have, at the date of the child's birth, the main responsibility, apart from the
mother, for the care of the child.
10 Confidentiality 
Information processed may include paper or electronic records and will be  done
so in line with the General Data Protection Regulation (Regulation EU
2016/679) (“GDPR”), the Privacy and Electronic Communications (EC Directive)
Regulations 2003 (as may be amended by the proposed Regulation on Privacy
and Electronic Communications) and any legislation that, in respect of the
United Kingdom, replaces, or enacts into domestic law, GDPR or any other law
relating to data protection, the processing of personal data and privacy as a
consequence of the United Kingdom leaving the European Union. 
11 Equality and Human Rights Impact Assessment 
This policy has been impact assessed in line with the Council’s obligation to
comply with the Equality Act 2010 and the Public Sector Equality Duty. 
12  Monitoring and Review 
This policy will be reviewed regularly and in line with any legislative and
organisational changes. The recognised Trade Unions will be consulted on any
future changes to this policy.

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Appendix 1             
Section 1 - Application for Surrogacy Leave/Pay 
Employees with more than 26 weeks Continuous Service   
Complete this section if you have 26 weeks or more continuous service prior to the week
in which you receive the child and are applying for surrogacy leave in line with SNCT
handbook section 7.5.1 to 7.5.9 
I would like my Surrogacy leave to start on:   _______________________ 
I have also attached a copy of the MATB1 certificate and note that I am required to
provide a copy of the parental order for the child as soon practicable possible, but not
later than before the baby is 6 months old. 
I agree to the conditions applicable and confirm that I intend to return to work. 
Signature                                                      Date ______________________     
Section 2- Application for Unpaid Surrogacy Leave 
Employees with less than 26 weeks Continuous Service   
As I have less than 26 weeks continuous service by the week prior to receiving the
child, I wish to confirm that I intend to apply for surrogacy leave to commence on
_____________. 
I agree to the conditions applicable and confirm that I intend to return to work.   
Signature                                                      Date _________________                 
RENFREWSHIRE COUNCIL
SURROGACY LEAVE APPLICATION FORM
Complete and Sign the Section that is Applicable

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SURROGACY FLOWCHART 
Consider how much Surrogacy Leave you want to
take.  You will automatically qualify for 52 weeks’
Surrogacy Leave, regardless of your length of service with
the Council. 
An employee who has 26 weeks continuous service prior
to the weeks in which she/he received the child will be
entitled to be paid: 
(a) 13 weeks at normal salary and 26 weeks at a sum
equivalent to Statutory Adoption Pay.
An employee who has less than 26 weeks
continuous contractual service, prior to the
week in which she/he received the child, is
entitled to 52 weeks’ Family Leave without
pay. 
Employees should inform their line manager/Head Teacher by filling
in the Surrogacy Leave application form, no less than 28 days
before the leave is due to commence. The line manager or
nominated officer must advise Employee Services by forwarding the
form on to them.
Employee Services will confirm, in writing, within 28 days,
setting out when they expect the employee to return to
work. Employee Services must forward all information to
payroll.
Employees can choose to start their surrogacy leave on the date of the
baby’s birth or the day after birth.
If you want to return to work before the end of your
adoption leave period, you must give 21 days’ notice of
your early return.
The council will require: 
• A copy of the MATB1 prior to the birth of the baby 
and 
• A copy of the parental order, this should be provided no later
than 6 months after the commencement of the leave 
If an employee
wishes to
amend their
start date, you
must give 28
days’ notice.
If your baby is
born earlier than
expected or is
premature, your
leave starts on
the date your
baby is born.