The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention following the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The Equality Tribunal has also referred to the European Court of Justice a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to provide a payment during surrogacy leave – equivalent to that provided during maternity and/or adoption leave – is in breach of the Acts. This note discusses this particular claim which has been rejected by both the Equality Tribunal and, on appeal, the Circuit Court. It is understood that the case has been further appealed to the High Court and may be heard during 2013. It is argued that, despite the policy merits of the argument for surrogacy benefit, litigation is both foreclosed by s. 14 of the ESA and, in any case, would almost certainly be rejected by the courts given the unclear status of surrogacy in Irish law.