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 you 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 you 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

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 enter Great Britain 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 can choose to start their 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 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 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, the employee must tell you the following information (in writing, if you 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 the employee already has the necessary 26 weeks' continuous employment with you when the adopter receives the official notification, they must give you the above information within 28 days of the adopter receiving the official notification.

If the employee receives the official notification before they've reached 26 weeks' continuous employment, they can wait. They must then give you notice within 28 days after reaching the 26 weeks.

Requirement 2

The employee also has to give you the following information (in writing, if you ask for it to be):

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

Optional requirement

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

• Their spouse/partner has received the official notification; and
• They (the employee) will have the main responsibility (with their spouse/partner) for the child.

If you do ask for this, the employee must give it to you within 14 days.

If the child doesn't enter Northern Ireland

Employees must tell you as soon as is reasonably practicable if they 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.

The employee must give you 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:

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

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.

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.

Deadlines for items 1-3 above

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

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

Deadlines for items 4-6 above

The employee must give you items 4-6 (above) at least 28 days before the date they've chosen for their paternity leave to start. If they 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 notice is given late

If the employee misses the deadline for any of items 1-6 (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 entered Great Britain (unless they've already done so as part of the above notice requirements).

They must tell you this with 28 days of the entry date.

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).

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.

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

In a situation where the employee has chosen to begin their paternity leave on a specific date and the child does not then enter Great Britain 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
• give you a written declaration that they'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

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