Check if you’re eligible

To be eligible, the mother, main adopter or main intended parent of your child must have died on or after 6 April 2026.

The ‘main adopter’ or ‘main intended parent’ would have been the person in an adoptive couple or surrogacy arrangement taking Adoption Leave.

You must be one of the following:

  • the child’s father
  • the spouse or partner of the mother
  • the spouse or partner of the main adopter or intended parent

All of the following must also apply:

  • your child is less than a year old, if you’re the father or the spouse or partner of the child’s mother
  • you have the main caring responsibility for your child
  • you’re taking time off to care for your child
  • you’re classed as an employee and employed in England, Scotland or Wales

It does not matter how long you’ve been with your employer, how many hours you work or how much you get paid.

There are more criteria you need to meet if you’re an adoptive parent or had your child with the help of a surrogate parent.

If you’re an adoptive parent

Your child must either:

  • have been placed with you less than a year ago
  • have first arrived in England, Scotland or Wales less than a year ago, if you’re adopting a child from overseas

If you had your child with the help of a surrogate parent

Your child must be less than a year old.

You must apply or intend to apply for a parental order within 6 months of your child’s birth date.

If you’re not eligible 

There’s other help and support available. You may be eligible for other benefits.