By Anna Nelson
Traditionally, maternity and other parental leave protections have been predicated on expectations of linear and uncomplicated experience of birth. This has created challenges when babies are required to spend time in Neonatal Intensive Care Units (NICU), especially where these stays are prolonged. In response to these concerns the UK recently passed the Neonatal Care (Leave and Pay) Act 2023.
The passing of the Neonatal Care (Leave and Pay) Act 2023 was a significant step forward in labor law rights for those whose infants require a hospital stay upon delivery (though the provisions within it are not expected to come into effect until April 2025). This Act created statutory entitlement to up to 12 weeks of neonatal care leave, and pay for qualifying parents, as well as providing protection from redundancy during this time. While the right to neonatal care leave is a “day one right,” the statutory right to Neonatal Care pay will be contingent upon meeting minimum service (26 weeks) and pay criteria. This means that not all parents will be protected from the financial worries associated with taking leave during their child’s stay in hospital.
In this blog, I will look at whether the protections within this Act would be sufficient if Artificial Amniotic and Placenta Technology (AAPT) were to become available for use in humans. AAPT, sometimes called “artificial womb technology,” is a developing technological innovation which would “closely reproduce[s] the environment of the womb” so as to support neonatal maturation, and reduce the mortality and morbidity rates associated with extremely premature birth. This is an expansive topic, and the purpose of this blog is to identify some key considerations and questions rather than to provide comprehensive answers!
