Paternity Leave when adopting

Paternity leave when adopting is granted in accordance with the regulations on paternity and adoption leave and pay under the Employment Act 2002.

Where a couple adopt a child jointly, adoption leave and pay is available to only one member of a couple, the other parent has the right to take paternity leave.

Where a married couple adopts, they will be able to choose which of them will take adoption leave. Where an individual adopts they will be the parent eligible for adoption leave. The other member of an adopting couple, or the partner of a single adopter, will be able to take paternity leave, if eligible.

For adoptive parents, paternity leave must be taken within the first 8 weeks following the child’s placement for adoption. The earliest date on which the leave can begin will be the date of placement for adoption.

There are a number of criteria to determine eligibility for adoptive paternity leave:

• To qualify for statutory paternity leave when adopting, you must be the partner of someone adopting a child on their own, or be adopting a child with your partner.
• You must be able to declare that you are married to the person adopting the child, or living with the person adopting the child in an enduring family relationship, but are not an immediate family relative.
• You must also be able to declare that you will be responsible for the child’s upbringing, that you will take time off to support the person adopting the child or to care for the child, and that you have chosen not to receive Statutory Adoption Pay.
• You must have been continuously employed for 26 weeks up to and including the week in which you are notified of being newly matched with a child for adoption by an approved adoption agency, and have agreed a date of placement.

Adoptive paternity leave and pay is only available where a child is newly matched for adoption, it would not, for example, be available when a step-parent is adopting a partner’s children.