When a couple adopt a child, one person is the 'main adopter' and one is the 'secondary adopter'.
The main adopter can take adoption leave and pay. The secondary adopter can take paternity leave.
They cannot change or swap which one they're taking once they have informed their employers.
Eligibility for statutory paternity leave
For someone to be eligible for statutory paternity leave for adoption, they must be:
- married to, the civil partner or partner of the mother or birth parent – this includes same-sex partners
- taking the leave to care for the child or support their partner
They must also be legally classed as an employee and have been employed continuously by the same employer for at least 26 weeks ending with the week:
- they're notified they've been matched with a child – for UK adoptions
- when the child enters Great Britain (England, Scotland or Wales) – for overseas adoptions
They must also give their employer the correct notice.
Notice to take paternity leave
The employee must give their employer notice within 7 days of being notified by an approved adoption agency that they've been matched with a child.
In their notice, they must say:
- the date they were notified of being matched with the child
- when they expect the placement to start, or when it started if it's already started
- how much statutory paternity leave they plan to take
- when they want their statutory paternity leave to start
If the employer asks for proof
If the employer asks for proof of adoption, the employee must provide within 28 days either:
- a letter from the adoption agency
- the 'matching' certificate
It might not always be possible for an employee to give notice or proof in the required time. The employer should talk with them to check why and the employee must give the notice without any further delay.
Eligibility for statutory paternity pay for UK adoptions
To be eligible for statutory paternity pay when an employee or worker is taking paternity leave for adoption, they must be:
- married to, the civil partner or partner of the child's primary adopter – this includes same-sex partners
- taking the leave to care for the child or support their partner
They must have worked for the same employer continuously:
- for at least 26 weeks ending with the 'relevant' or 'matching' week – the week they're notified of being matched with a child for adoption
- between the relevant week and the day the adoption placement starts
They must have average weekly earnings of at least £123 a week over 8 weeks ending with the relevant week.
If their employment ends before their adoption placement starts, they lose their entitlement.
Eligibility for statutory paternity pay for overseas adoptions
If an employee or worker is adopting a child from overseas, to be eligible for statutory paternity pay they must:
- be married to, the civil partner or partner of the child's primary adopter – this includes same-sex partners
- have or expect to have the main responsibility with the adopter for the child's upbringing
- have given their employer notice within 7 days
They must have worked for the same employer continuously for at least 26 weeks either:
- ending with the week the adopter received 'official notification' from the authority in the UK responsible for the adoption
- starting with the week they started working for the employer
This is in case they got the official notification a year or more before the child enters Great Britain and could have changed employers in this time.
The employee must tell their employer:
- the date the child's adopter received the official notification
- the date the child is expected to enter Great Britain
- when they want to start their paternity leave
- how much paternity leave they plan to take
They must do this within 28 days of either of the following – whichever is later:
- receiving the official notification
- the date they've been employed continuously for 26 weeks by the same employer
The employee must then tell their employer the date the child actually entered Great Britain within 28 days of the child arriving.
If the employer requests it, the employee must give any of these details in writing.
Claiming statutory paternity pay for adoption
To claim statutory paternity pay for adoption, the employee or worker must give their employer notice within 7 days of the date they're told they're matched with a child.
In the notice, they must say:
- the date they were notified of being matched with the child
- the date the placement started or is expected to start
- how much paternity leave they plan to take
- when they want to start that leave
If the employer requests it, they must give their employer either:
- the notice in writing – this might be an email or letter
- form statutory paternity pay and leave: becoming an adoptive or parental order parent (SC4) on GOV.UK
It might not be possible for the employee to give the required amount of notice as the adoption process cannot always be to a definite timeframe. The employer should be understanding in this situation.
If the adoption does not go ahead
If someone's adoption is 'disrupted', meaning it does not go ahead, the employer should still pay statutory paternity pay.
A disrupted adoption placement could be because the child has to return to the adoption agency or foster care, or has died.
Experiencing a disrupted adoption can be very upsetting. Employers should be flexible with who tells them, for example the employee's family member or friend.
The employer should treat anyone affected by the disrupted adoption with care and support. They may want to take time off before returning to work. The employer should discuss the options with them.
Find out more about supporting an employee after a death
Taking paternity leave and pay
The employee or worker must start their statutory paternity leave and pay within 8 weeks (56 days) of either:
- the adoption placement start date
- the date the child entered Great Britain if it's an overseas adoption
Contact the Acas helpline
If you have any questions about paternity leave and pay for adoption, contact the Acas helpline.