The CJEU has sent out a press release in the cases of C-167/12 C. D. v S.T. and C-363/12 Z. v A Government Department and the Board of Management of a Community School (an Irish equality case referred to the CJEU directly from the Equality Tribunal). Both involved the rights of surrogate mothers in relation to maternity laws.

EU law does not require that a mother who has had a baby through a surrogacy agreement should be entitled to maternity leave or its equivalent. The Pregnant Workers Directive merely lays down certain minimum requirements in respect of protection, although the Member States are free to apply more favourable rules for the benefit of such mothers.

Both women in these