Paternity pay and leave

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Adoption and surrogacy

Eligibility

You must have been continuously employed by your employer for at least 26 weeks up to the end of any day in the ‘qualifying week’.

For adoptions in the UK, this is the week you’re matched with the child.

For overseas adoptions, this is either:

  • the week the child enters the UK
  • the week you want your pay or leave to start

You must also meet the other eligibility conditions for paternity leave or pay.

Start and end dates - Paternity Leave

Your period of Paternity Leave can start as early as:

  • the date of placement
  • the date the child arrives in the UK if you’re adopting from overseas
  • the date the child’s born (or the day after if you’re working that day) if you’re a surrogate parent
  • a date you choose which falls after the date of birth or placement

You must give your employer 28 days’ notice if you want to change your start date.

For adoptions within the UK and from overseas

If the child is expected to be placed or to arrive in England, Scotland or Wales:

  • before 6 April 2024, your leave must end within 56 days of the placement or arrival date
  • on or after 6 April 2024, your leave must end within 52 weeks of the placement or arrival date

There are different rules for adoptions if you live in Northern Ireland.

For surrogate parents

If the child is expected to be born:

  • on or before 6 April 2024, your leave must end within 56 days of the child’s birth
  • after 6 April 2024, your leave must end within 52 weeks of the child’s birth

How to claim - Paternity Leave or Pay

You can use form SC4 (or your employer’s own version) for:

  • adoption - within 7 days of your co-adopter or partner being matched with a child
  • surrogacy arrangements - 28 days, or as soon as you’re reasonably able, before you want your pay to start

For overseas adoptions the form and notice period is different. The process is explained on form SC5.

Surrogacy arrangements

To be eligible for Paternity Pay and Leave if you use a surrogate to have a baby, you must:

  • be in a couple
  • be responsible for the child (with your partner)
  • have worked for your employer continuously for at least 26 weeks by the end of the ‘qualifying week’ (the 15th week before the baby is due)

You claim Paternity Leave and Pay through your employer. You must give your employer at least 15 weeks’ notice to claim Paternity Pay. To get Statutory Paternity Pay, you must give this in writing.

You must also provide a written statement to confirm that:

  • you intend to apply for a parental order in the 6 months after the child’s birth
  • you expect the court to give you that order

There are different rules for surrogacy arrangements if you live in Northern Ireland.

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