Peer-Reviewed Journal Details
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Healy, C
2017
April
Journal Of Social Welfare And Family Law
Once more with 'sympathy' but no resolution for intended mothers: the EU, Ireland and the surrogacy dilemma
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Surrogacy entitlement to paid leave employment law disability recent decisions
39
504
519
This article examines the decision of the Court of Justice of the European Union (CJEU) in Z v A Government Department and the Board of Management of a Community School and the court's interpretation of existing EU legislation on whether commissioning or intended mothers are entitled to paid leave equivalent to maternity benefit. It highlights the failure of the CJEU in this case to call for specific EU legislation on the issue of surrogacy. The Irish Courts have been more proactive in this regard. The Supreme Court has acknowledged that 'pending the introduction ... of legislation dealing with this field, it is ... not for the courts to attempt to resolve the complex questions that need to be addressed'. This article compares recent decisions of the Irish Courts to that of the CJEU as they struggle to keep abreast with modern society in the absence of legislation at national and EU level.
10.1080/09649069.2017.1390303
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