Paternity leave: UK adoptions

Adoption and paternity leave

For paternity leave purposes, adoption includes:

• adoption from a UK adoption agency;
• adoption from a surrogate mother where a couple have applied for a parental order; and
• adoption of foster children under the 'Fostering for Adoption' scheme run by local authorities in England, Wales and Scotland.

This article focuses on paternity leave rights when adopting a child from within the UK (rather than from overseas).

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 their employer 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 their employer up to the date that the child is placed with the adopter (starts living with them)
• 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

You 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, you 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. you don't get twice as much leave if adopting twins).

Start date

You can't start your leave until the child is placed (i.e. starts living) with the adopter, but you do 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 your 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, you must at that point choose another date or one of the options above and give your employer notice of this as soon as possible (in writing, if they ask for it to be).

If you choose option 1 and you are at work on that day, your 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

You must tell your employer 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 you want to take 1 or 2 weeks of paternity leave
• When you want your paternity leave to start.

This doesn't have to be in writing unless your employer asks for it to be.

Your employer can also ask you to give them a signed declaration that says:

• You will use the time to care for the child and/or support the child's adopter; and
• You're either jointly adopting the child, or that you'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, you must give your employer 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 you'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 you want to take 1 or 2 weeks of paternity leave.

5. When you want the paternity leave to start.

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

You must give all of the above to your employer 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 your employer specifically asks you to do so.

If you split your paternity leave into 2 separate periods of 1 week and tell your employer about each period separately, items 4-6 apply to both periods.

If you give notice late

Throughout the UK, if you miss the deadline for any of the notice requirements outlined above, your employer is not under any obligation to allow paternity leave, unless it was not reasonably practicable for you to meet the deadline.

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

Notice of placement

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

You must tell them this as soon as reasonably practicable after it happens.

Changing the start date of leave

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

In Northern Ireland

If you want to change your leave so it starts on the date the child is placed with the adopter, you must tell them at least 28 days before the date on which the child is expected to be placed with the adopter.

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

If you want to change your leave so it starts a specified number of days after the child is placed with the adopter, you must tell them at least 28 days before the expected start of your leave. The expected start is the date on which the child is expected to be placed with the adopter, plus the number of days you've specified. For example, if you want to start your leave 14 days after the placement date and the expected placement date is 16 July, the expected start date is 30 July. You will need to tell them 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, you must tell them at least 28 days before the date you originally gave them, or 28 days before the new start date (whichever is earlier).

For example, if in the last notice you gave, you said you wanted to start your leave on 30 July:

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

You don't have to put the change in writing, unless your employer asks you to.

When you give your employer notice of the change, you must also give them a written declaration that you'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 you to give the correct amount of notice to change your paternity leave start date, you can still change it provided you give your employer notice as soon as it is reasonably practicable.

As mentioned above, in a situation where you've chosen to begin your paternity leave on a specific date and the child is not then placed with the adopter by that date, you must change it. You must:

• tell your employer your choice as soon as reasonably practicable (in writing, if they 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 your employer a written declaration that you'll use the amended period of leave to care for the child and/or support the adopter.