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Surrogacy Leave Process

Page updated 10 August 2022

Overview

UCD is providing employees with the option to take paid leave (i.e. Surrogacy Leave) on the birth of the child. Surrogacy Leave is not a statutory entitlement but is an additional benefit provided by UCD.

Surrogacy Leave Process

Step 1: Gather the required information

Before commencing this process you’ll need to consider the following:

  • Surrogacy Leave starts on the date of birth of the chld. What is the due date of your baby?
    • You can provide a medical certificate from the treating doctor (a registered medical practitioner in Ireland or abroad) which would confirm the expected due date and would confirm that the baby is being born via a surrogacy arrangement. In the event of a premature birth, you can demonstrate the actual date of birth with a birth certificate or a medical certificate from the Hospital of birth/GP.
  • When do you submit your paperwork to UCD HR?
  • When will you return from leave?
    • Will you come back immediately after the paid leave?
    • Will you take additional unpaid Surrogacy Leave immediately after the 24 paid weeks have elapsed?
    • Do I propose to take Annual Leave following my Surrogacy Leave?
    • Taking all the above into account, when will you return from leave?

Step 2: Download both UCD and statutory documentation

Step 3: Have a conversation

Once you’ve considered or gathered the information above, you’ll need to have a conversation with your Head of School / Unit. They will need to sign off on your application form for Surrogacy Leave (paid/unpaid leave where appropriate).

Step 4: Submit your documentation to HR

Following the conversation with your Head of School/Unit, you can submit your documentation to HR for implementation:

    • Notification of Intention to take Surrogacy Leave Form, signed by HOS
    • Doctor’s letter confirming due date of the birth of the child
    • Documents establishing the connection to the child (see panel below for more)

Panel Open

There are a number of ways in which the intended parent can establish a connection to the child either before or after the birth. The intended parent can choose which of these they wish to provide as proof of their connection. If supplying documents before the birth, these should be provided with the completed Notification of Intention to take Adoptive Leave and Surrogacy Leave form as per the timelines above. If supplying documents following the birth, these should be provided no later than three months of the birth date of the child.

Only one of the following documents is necessary. 

  • Surrogacy agreement: All legal surrogacy arrangements will involve the parties (the surrogate and the intended parents (genetic and non-genetic) entering into a detailed surrogacy agreement. This document may contain personal information that may need to be redacted for data protection purposes.
  • Statutory declaration or affidavit confirming that the child was born via surrogacy and that the non-genetic parent was one of the intending parents in that surrogacy process.
  • Birth certificate of the child: The nominated intended parent (i.e. parent seeking the leave) may be on the birth certificate.
  • Proof of Guardianship of the child: Where the applicant is a genetic parent (in the case of surrogacy this can only apply to the genetic father), they could provide proof that they have brought an application for guardianship in the Irish courts (as they are required to do). Where the applicant for adoptive leave is not the genetic father, they may provide documentation to prove that they are the spouse / cohabitant / partner of the genetic parent.

What happens next?

After you submit your documentation, you will receive a letter from UCD HR with the following:

  • An acknowledgement of your Application for Surrogacy Leave
  • Confirmation of your Surrogacy Leave dates
  • Confirmation of the date you are due to return

Note! The Adoptive Leave & Surrogacy Leave “Notification of Return to Work” form will be enclosed with the acknowledgement letter.

Ending Surrogacy Leave

To end your Surrogacy Leave you will need to complete and return your “Notification of Return to Work” form no later than 4 weeks before your return to work.

You’ll need to discuss and get approval from your Head of School / Unit if you plan to take additional annual leave at the end of your Surrogacy Leave.

Additional points to keep in mind

There are a number of points that you need to be aware of before you proceed:

  • If you opt to take paid Surrogacy Leave on the birth of the child then you will not be eligible to receive any voluntary benefits from UCD (including payments) in respect of any period of Adoptive Leave for this child.
  • Annual Leave and Public holidays will not accrue during your period of Surrogacy Leave.
  • The period of Surrogacy Leave is non-pensionable.
  • This period of Surrogacy Leave will not be counted as reckonable service for redundancy calculation purposes. 
  • Employees will not receive additional entitlements than would be provided if the child were adopted.

UCD Human Resources

Roebuck Offices, University College Dublin, Belfield, Dublin 4, Ireland.
T: +353 1 716 4900 | E: hrhelpdesk@ucd.ie | Location Map(opens in a new window)