If I have My Baby By a Surrogate Should I Get The Usual Maternity Leave?

Pattaramon Chanbua and the boy twin

There is a lot of drama going on with twists and turns concerning a certain surrogate mum from Thailand.
Pattaramon Chanbua who had agreed to be a surrogate for an Australian couple, gave birth to a twin boy and girl, but was left with the boy because he had downs syndrome.

Now the biological parents are claiming it's not true the boy was abandoned but that they had to leave urgently with the girl or risk losing her too. They claim they only knew the boy had a congenital heart condition and not downs syndrome (what difference does that really make?)

Now it has been discovered that the father of the twins is a three-time convicted paedophile?
And the surrogate mum wants her daughter back because she carried her in her womb? Oh dear what a mess!
First things first; who actually owns the baby? What was the agreement?

Surrogacy basically has to do with "carrying a pregnancy on behalf of someone else" with slight variations on the terms.

Traditional Surrogate
The woman (surrogate) is artificially inseminated with the father's sperm, carries the pregnancy full term and gives the baby up for the parents to raise. She is actually the biological mother.

Gestational Surrogate
An external fertilization, IVF, takes place using the original parents sperm and egg, then the embryo is implanted into the surrogate to carry the pregnancy full term. This surrogate is not the biological mother and has no genetic ties to the baby.

Commercial Surrogate
A surrogate that is paid to carry a pregnancy to full term and hand the baby over to the parents. (Illegal in Australia which must be why this couple couldn't find one and had to go to Thailand).

Altruistic Surrogate
Surrogate receives no payment other than medical bills and other reasonable expenses. (Legal in Australia).

Couples may choose surrogates from family and friends or even agencies.

Intending surrogates usually undergo complete medical evaluation and medical history to ensure they can carry a healthy and full term pregnancy.

Women who have high risks of complicated pregnancies, heart disease or have had a hysterectomy (surgical removal of the uterus) make up a high percentage of those who opt for a surrogate.

So back to your question...

You should be entitled to a maternity leave to bond with your baby. That's why its called a "maternity" leave and not a "pregnancy" leave. The bottom line is that you've just "had" a baby and you need that bonding time which is beneficial to both you and your new baby.