This is a note on a case involving surrogate parents’ rights to paid leave under EU law. National laws really differ in this respect; according to Wikipedia some prohibit it altogether, whether commercial or altruistic (e.g. France, Norway); some allow also commercial surrogacy(India or Russia, for example); some leave it unregulated so far (Ireland as an example in this case). In 2013, DG Internal Policies carried out “A Comparative Study on the Regime of Surrogacy in EU Member States” (available at www.europarl.europa.eu). However, this note does not deal with the question of whether surrogacy is legal but with the right…
