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Paternity leave: UK adoptions

Adoption and paternity leave

Adoption includes a child adopted from a surrogate mother where a couple have applied for a parental order. It also includes foster children who are adopted under the Fostering for Adoption scheme run by local authorities.

This article focuses on paternity leave rights when adopting a child from within the UK.

Qualifying for statutory paternity leave

An employee qualifies for paternity leave when adopting a child from the UK if they:

  • Are jointly adopting a child, or married to or the partner of the person adopting the child
  • Have or expect to have responsibility for the child's upbringing with the other joint adoptive parent or the individual adopter
  • Are not taking statutory adoption leave and pay
  • Have been continuously employed by you for at least 26 weeks ending with the week in which they are notified of having been matched with the child
  • Continue to work for you up to the date of the child's placement
  • Will be taking time off for the sole purpose of supporting the adopter and/or to care for the child
  • Have fulfilled the notice requirements (see below).

Length of paternity leave and when it can start

Length

Eligible employees can choose to take up to 2 weeks' paternity leave.

In Northern Ireland, this must be taken as a single block of leave (i.e. 1 week or 2 weeks).

In England, Scotland or Wales, if the child is expected to be placed with the adopter on or after 6 April 2024, employees can choose to take the leave in a single block or in 2 separate blocks of 1 week.

The duration of leave remains the same regardless of the number of children that are being adopted in a single adoption (e.g. adopting twins).

Start date

An employee cannot start their leave until the child is placed (i.e. starts living) with the adopter, but does have a choice of 3 options for when it can start:

1. On the actual date on which the child is placed with the adopter.

2. A specified number of days (of their choice) after the child is placed with the adopter.

3. On a specific date (which can't be earlier than the date on which the child is expected to be placed with the adopter). If the child is not placed with the adopter by this date, they must at that point choose another date or one of the options above and give you notice of this as soon as possible (in writing, if you ask for it to be).

If an employee chooses option 1 and they are at work on that day, their leave will begin on the next day.

Deadlines

In Northern Ireland, all paternity leave must finish no later than 56 days after the date that the child is placed with the adopter.

In England, Wales and Scotland, where the expected placement date is on or after 6 April 2024, all paternity leave must finish no later than 52 weeks after the date that the child is placed with the adopter.

Notice requirements

In Northern Ireland

The employee must tell you the following information no later than 7 days after the date on which the adopter is told that they've been matched with the child:

  • The date on which the adopter was told they've been matched with a child.
  • The date on which the child is expected to be placed with the adopter.
  • Whether they want to take 1 or 2 weeks of paternity leave
  • When they want their paternity leave to start.

This doesn't have to be in writing unless you ask for it to be.

You can also ask the employee to give you a signed declaration that says:

  • They will use the time to care for the child and/or support the child's adopter; and
  • They're either jointly adopting the child, or that they're married to or the partner of the adopter and will have the main responsibility (with the adopter/other joint adopter) for the child.

In England, Wales and Scotland

If the child is expected to be placed with the adopter on or after 6 April 2024, the employee must give you the following:

1. The date on which the adopter was told they've been matched with a child.

2. The date on which the child is expected to be placed with the adopter (or, if that's already happened, the actual date of the placement).

3. A written declaration that they're married to or the partner of the (sole or joint) adopter and will have the main responsibility (with the adopter/other joint adopter) for the child.

4. Whether they want to take 1 or 2 weeks of paternity leave.

5. When they want the paternity leave to start.

6. A written declaration that they will use the time to care for the child and/or support the adopter.

All of the above must be given to you no more than 7 days after the date on which the adopter is told that they've been matched with the child.

Items 1, 2, 4 and 5 don't need to be provided in writing unless you specifically ask the employee to do so.

If the employee splits their paternity leave into 2 separate periods of 1 week and notifies you of each period separately, items 4-6 apply to both periods.

If notice is given late

Throughout the UK, if the employee misses the deadline for any of the notice requirements outlined above, you're not under any obligation to allow paternity leave, unless it was not reasonably practicable for the employee to meet the deadline.

If this is the case, the employee must still provide you with the notice as soon as it is reasonably practicable for them to do so.

Notice of placement

The employee must also tell you (in writing, if you ask for that) the actual date the child was placed with the adopter (unless they've already done so as part of the above notice requirements).

They must tell you this as soon as reasonably practicable after it happens.

Changing the start date of leave

The employee can change the date when they want their paternity leave to start (or cancel it) if they give you the correct amount of notice (which you can request they put in writing).

In Northern Ireland

If the employee wants to change their leave so it starts on the date of birth, they must tell you at least 28 days before the date on which the child is expected to be placed with the adopter.

If they want to change their leave so it starts on a specific date, they must tell you at least 28 days before that date.

If they want to change their leave so it starts a specified number of days after the child is placed with the adopter, they must tell you at least 28 days before the expected start of their leave. The expected start is the date on which the child is expected to be placed with the adopter, plus the number of days the employee has specified. For example, if the employee wants to start their leave 14 days after the placement date and the expected placement date is 16 July, the expected start date is 30 July. They will need to tell you 28 days before this (i.e. by 2 July).

In England, Wales and Scotland

If the child is expected to be placed with the adopter on or after 6 April 2024, they must tell you at least 28 days before the date they originally gave you, or 28 days before the new start date (whichever is earlier).

For example, if in the last notice given to you they said they wanted to start their leave on 30 July:

  • If they instead want it to start on 31 July, they need to tell you no later than 2 July (28 days before 30 July).
  • If they instead want it to start on 29 July, they need to tell you no later than 1 July (28 days before 29 July).

The employee doesn't have to put the change in writing, unless you ask them to.

When the employee gives you notice of the change, they must also give you a written declaration that they'll use the amended period of leave to care for the child and/or support the adopter.

Exceptions

Throughout the UK, if it's not reasonably practicable for the employee to give the correct amount of notice to change their paternity leave start date, they can still change it provided they give you notice as soon as it is reasonably practicable.

As mentioned above, in a situation where the employee has chosen to begin their paternity leave on a specific date and the child is not then placed with the adopter by that date, they must change it. They must:

  • tell you their choice as soon as reasonably practicable (in writing, if you ask for it to be); and
  • (only in England, Wales and Scotland where the child is expected to be placed with the adopter after 6 April 2024) give you a written declaration that they'll use the amended period of leave to care for the child and/or support the adopter.

What is the law guide

The Desktop Lawyer law guide aims to present the law to you in a comprehensive yet jargon-free and easy-to-read format. Our law guide is constantly kept up to date with changes in business and family law by our team of in house solicitors, and includes information across all the legal jurisdictions in the UK.

Our law guide is free to use. Where we provide documents related to this area of law, or where they may help you with any legal issue in this area, they will be listed to the right of this message.

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