The European Court of Justice has found that a teacher in Ireland who had a child through a surrogacy arrangement does not have a right to maternity or adoptive leave.

In an opinion issued this morning the court says that the woman - referred to as 'Ms Z' - was not discriminated against when she was refused paid leave after her child was born to a surrogate mother in California.

'Ms Z' and her husband arranged for a surrogate mother to give birth to their genetic child in California in 2010.

While otherwise healthy, 'Ms Z' has no uterus and cannot support a pregnancy.

She is a teacher and at the time of the pregnancy she applied to her school for adoptive leave but was refused and offered only unpaid leave.

She took a complaint to the Equality Tribunal arguing that she had been subject to discrimination on grounds of sex, family status and disability.

The Tribunal sought an opinion from the European Court of Justice which it has issued today.

It finds that various EU directives on maternity leave and disability do not infer a right to paid leave of absence for a woman in the position of 'Ms Z'.