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 27 July 2008
Department for Innovation, Universities and Skills (DIUS)
 
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Adoption Leave and Pay: Overseas Adoptions

Adoption leave and pay will be available to an eligible employee who adopts a child from overseas if the child enters Great Britain on or after 6 April 2003. Where a couple are adopting jointly they should choose who wishes to take adoption leave and pay: the other member of the couple may be entitled to paternity leave and pay. The partner of someone who is an adopter may also be entitled to paternity leave and pay.

The regulations

Adoption leave and pay was introduced by the Employment Act 2002 and the scheme is contained in regulations made under that Act. The scheme for adoptions from overseas is also contained in regulations.

The regulations containing the leave provisions for adoptions from overseas are on the right.

These regulations have now received Parliamentary approval, following debate in both Houses, and are in the process of being made.

The regulations containing the pay provisions are:

  • The Social Security Contributions And Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003
  • The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations 2003

These regulations have been made. The draft Statutory Instruments will be available on the Stationery Office website shortly.

The main  leave and pay regulations will commence on 6 April 2003.

The scheme

The Regulations reflect underlying differences in the law of adoption as it applies to domestic adoptions and to adoptions from overseas. Full guidance is on the right the key elements are:

  • Employees wishing to claim either adoption leave and pay (or paternity leave and pay) must have 26 weeks' continuous service with their employer. To qualify for Statutory Adoption Pay (SAP) or Statutory Paternity Pay (SPP) they must also earn not less than the lower earnings limit for National Insurance contributions - please check with your Social Security office what the current limit is;

  • Employees must notify their employer of their intention to take adoption leave or paternity leave within 28 days of receiving official notification* or completing 26 weeks' continuous employment with the employer, whichever is later;

  • Employees must give their employer 28 days' notice of the start date of their leave and/or pay;

  • Adoption leave cannot begin before the child enters Great Britain. The latest adoption leave can begin is 28 days after the date of entry.

  • The entitlement is to 26 weeks' ordinary adoption leave and to 26 weeks' additional adoption leave;

  • The earliest paternity leave (which is a period of 1 or 2 weeks' leave) can begin is the date on which the child enters Great Britain. Paternity leave may only be taken during the period of 56 days beginning with the date on which the child enters Great Britain.   

*Official notification means a written notification, issued by or on behalf of the relevant domestic authority (usually the Department of Health), that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent.

A note setting out the Government's plans for the scheme was published in November 2002. Consultation on this closed on 27 January 2003. 

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