Paternity pay and leave

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Adoption and surrogacy

Eligibility

To get Paternity Pay, 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’re eligible for Paternity Leave from the first day of employment.

You must also meet the other eligibility conditions for Paternity Pay or Leave.

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

Your leave must end within 52 weeks of the date when the child is due:

  • to be placed with you
  • to arrive in England, Scotland or Wales

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

For surrogate parents

Your leave must end within 52 weeks of the child’s birth.

How to claim - Paternity Leave or Pay

You can use the online form (or your employer’s own version) to make a claim.

After completing the form, download or print it and give your employer a copy.

Adoption

Claim within 7 days of your co-adopter or partner being matched with a child. Or, if you’re taking Paternity Leave in two separate one-week blocks, claim at least 28 days before the second week.

For overseas adoptions, the notice period is different. The process is explained in the online form.

Surrogacy

Claim within 28 days, or as soon as you’re reasonably able, before you want your leave or pay to start.

Surrogacy arrangements

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

  • be in a couple
  • be responsible for the child (with your partner)

To be eligible for Paternity Pay you must also 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’re eligible for Paternity Leave from the first day of employment.

​​You claim Paternity Pay and Leave through your employer. If you plan to claim it, you must tell your employer at least 15 weeks before the baby is due. 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.

View a printable version of the whole guide