Parental leave surrogacy: what surrogates and parents can claim Artwork

Australian Family and Fertility Law

Join Award-Winning Family & Surrogacy Lawyers, Bruce Provan and Stephen Page who interviews lawyers, doctors, counsellors, parents, surrogates, scientists, donors and others who are the moving parts bringing together the ability to form families through surrogacy, and when families fall apart. Interviewees talk about their personal journeys through life, leading to their passion in their respective fields.

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Australian Family and Fertility Law

Parental leave surrogacy: what surrogates and parents can claim

August 10, 2026 • Stephen Page

0:00 | 4:28

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Surrogates and intended parents don't automatically receive the same parental leave entitlements — and where you're employed, and where the surrogacy takes place, can significantly affect what you're entitled to. In this episode of the Australian Family and Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page explains why parental leave for surrogacy is far more complicated than most people expect.

Stephen outlines the Commonwealth's base parental leave scheme, then explains why most people's actual entitlements come down to their specific award or enterprise agreement rather than the Commonwealth minimum. He compares how Queensland and New South Wales public service awards treat surrogacy leave very differently, and explains why overseas surrogacy arrangements can create serious complications for intended parents in New South Wales trying to access leave.

In This Episode:

What parental leave a surrogate is entitled to under Commonwealth law
Whether intended parents can also access parental leave
Why your actual leave entitlement usually depends on your award or EBA, not just the Commonwealth minimum
How the Queensland Public Service Award treats surrogacy leave differently to New South Wales
Why New South Wales Public Service employees generally need a Supreme Court parentage order to access surrogacy leave
Why overseas altruistic surrogacy arrangements can make it difficult to get that court order in New South Wales
Why checking your leave entitlements before starting a surrogacy journey can prevent major problems later

If you're planning a surrogacy journey and want to understand your parental leave entitlements before you start, get tailored advice:
https://pageprovan.com.au/

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