Premier & Cabinet

Premier's Memorandum

M2018-02-Support for employees engaged in altruistic surrogacy and permanent out of home care parenting arrangements


The NSW Government continues to strongly support initiatives that enable employees to achieve and maintain a work and family balance and continue to participate in the workforce.

In acknowledgement of the changing nature of families and to ensure there is consistent workplace support for all parenting arrangements, the Government will provide parental leave to NSW public sector employees engaged in altruistic surrogacy or who provide permanent out-of-home care.

Detailed Outline

Altruistic surrogacy

  • Similar entitlements for employees in altruistic surrogacy arrangements to those which are currently available to employees who adopt a child (12 months’ leave of which 14 weeks is paid and the remainder unpaid).

  • Eligibility for surrogacy leave is to be limited to the provision of documentary evidence of the altruistic surrogacy agreement and a statutory declaration advising of the intention to make application for a parentage order as required under the Surrogacy Act 2010. A copy of the parentage order must be provided as soon as it is obtained. This will ensure consistency with NSW legislation in how altruistic surrogacy arrangements are recognised.

Out of Home Care

  • An entitlement to take 12 months’ unpaid leave for permanent caring arrangements.

  • Eligibility for a period of leave for carers is to be limited to the provision of a guardianship or permanent placement order for a child or young person. This ensures adoption and out-of-home carers are treated in a similar way i.e. only being eligible once a child is in the permanent care of the person.

Other Rights

  • It is also proposed to extend a right to request extended parental leave, and return to work on a part time basis to employees granted leave for altruistic surrogacy and out-of-home care.

For public servants, the leave provisions are provided for in Industrial Relations Secretary Determination No. 1 of 2018 made under S52 of the Government Sector Employment Act 2013.

These leave provisions are to be adopted by all Public Service departments and agencies, and other Government Sector agencies and State-Owned Corporations are strongly encouraged to provide the same leave provision and support to their employees.


Who needs to know and/or comply with this?

Executive agencies related to Departments
Separate agencies
State Owned Corporations
Statutory Authorities/Bodies
Subsidiaries of the NSW Government established under the Corporations Act


Not Mandatory

AR Details

Date Issued
Dec 21, 2018
Review Date
Dec 31, 2023
Replaced By


Contact us
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity