Paternity leave: overseas adoptions

Adoption and paternity leave

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

Qualifying for paternity leave

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

• Are jointly adopting a child, or are married to or the partner of the child's adopter
• 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 that the adopter receives official notification or by the time they want their paternity leave to begin (whichever is later)
• Continue to work for their employer up to the date of the child's entry into the UK
• 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).

Official notification is written notification issued by or on behalf of the relevant domestic authority (usually the Department of Education) that the authority either:

• is prepared to issue a certificate to the overseas authority dealing with the adoption of the child; or
• has issued a certificate and sent it to that authority.

In either case, the notification certificate confirms that the other or main adopter:

• is eligible to adopt; and
• has been approved as being a suitable adoptive parent.

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 enter Great Britain 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 choose to start your paternity leave either:

1. on the actual date that the child enters the UK; or

2. on a specific date after the child enters the UK.

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 enters Northern Ireland.

In England, Scotland or Wales, if the child is expected to enter Great Britain on or after 6 April 2024, all paternity leave must finish no later than 52 weeks after the date that the child enters Great Britain.

Notice requirements

In Northern Ireland

Requirement 1

Initially, you must tell your employer the following information (in writing, if they ask for it to be):

• The date on which the adopter received the official notification (see above).
• The date on which the child is expected to enter Northern Ireland.

If you already have the necessary 26 weeks' continuous employment with your employer when the adopter receives the official notification, you must give them the above information within 28 days of the adopter receiving the official notification.

If you receive the official notification before you've reached 26 weeks' continuous employment, you can wait. You must then give your employer the above information within 28 days after reaching the 26 weeks.

Requirement 2

You also have to give your employer the following information (in writing, if they ask for it to be):

• The date you want your paternity leave to start. You must give them this at least 28 days in advance.
• The date that the child enters Northern Ireland. You must give them this no more than 28 days after the child enters Northern Ireland.

Optional requirement

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

• Your spouse/partner has received the official notification; and
• You will have the main responsibility (with your spouse/partner) for the child.

If they do ask for this, you must give it to them within 14 days.

If the child doesn't enter Northern Ireland

You must tell your employer as soon as is reasonably practicable if you find out that the child will not be entering Northern Ireland.

In England, Wales and Scotland

All of the information below applies if the child is expected to enter Great Britain on or after 6 April 2024.

You must give your employer the following:

1. The date on which the adopter received the official notification (see above).

2. The date on which the child is expected to enter Great Britain (or, if that's already happened, the actual date).

3. A written declaration that:

• you're married to or the partner of the child's adopter;
• you'll have the main responsibility (with the adopter) for the child; and
• the adopter has received the official notification.

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.

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.

Deadlines for items 1-3 above

If you already have the necessary 26 weeks' continuous employment with your employer when the adopter receives the official notification, you must give them items 1-3 (above) within 28 days of the adopter receiving the official notification.

If you receive the official notification before you've reached 26 weeks' continuous employment, you can wait. You must then give them items 1-3 within 28 days after reaching the 26 weeks.

Deadlines for items 4-6 above

You must give your employer items 4-6 (above) at least 28 days before the date you've chosen for your paternity leave to start. If you chose the actual date of the child's entry into the UK as the start date, this means 28 days before the expected date of entry.

If you give notice late

If you miss the deadline for any of items 1-6 (above), your employer isn't 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 entered Great Britain (unless you've already done so as part of the above notice requirements).

You must tell them this with 28 days of the entry date.

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).

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.

If it's not reasonably practicable for you to give them 28 days' notice, you can still change the date provided you give them notice as soon as it is reasonably practicable.

In a situation where you've chosen to begin your paternity leave on a specific date and the child does not then enter Great Britain 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
• give them a written declaration that you'll use the amended period of leave to care for the child and/or support the adopter.

If the child doesn't enter Great Britain

You must tell your employer as soon as is reasonably practicable if you find out that the child will not be entering Great Britain.