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Surrogate parents are entitled to unpaid parental leave and related entitlements under the National Employment Standards. They may also be entitled to the Australian Government's Parental Leave Pay scheme.

The surrogate parents are the woman who gives birth to the child and her spouse or de facto partner.

The intended or biological parents aren't entitled to unpaid parental leave, however they may be entitled to the Australian Government's Parental Leave Pay scheme.

For information about the scheme, go to Services Australia – Parental Leave Pay.

Stillbirth

If the child is stillborn, the surrogate parents are still entitled to unpaid parental leave or flexible unpaid parental leave. See Taking parental leave for more information.

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