The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention. The Supreme Court has overturned the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The European Court of Justice has also considered and rejected 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 the High Court. Although the Court arrived at the correct outcome, the reasoning adopted for doing so is questionable in some respects.