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Paternity Leave for Adoption UK: Rules & Forms

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When an employee is adopting a child, paternity leave sits alongside adoption leave as one of the core statutory entitlements. For the partner who is not taking adoption leave, a short period of paid time off is available so they can bond with the child and support the primary adopter in those early weeks. The rules apply whether the child is being placed through a UK agency, through a local authority foster-to-adopt arrangement, or brought into the country from overseas, though each route has its own notice requirements and eligibility tests. This page walks through how the framework fits together, what paperwork employers and employees tend to exchange, and where the common friction points arise. It is written for employers setting policy and for partners trying to work out what they can ask for.

Overview

Paternity leave for adoption is the statutory right, under the Paternity and Adoption Leave Regulations 2002 and related legislation, for an eligible employee to take one or two consecutive weeks off work when a child is placed with their partner for adoption. It mirrors the paternity leave available when a child is born, but the triggering event is the placement rather than birth.

The leave must normally be taken within a set window around the placement date, and statutory paternity pay is payable to those who meet the earnings and service conditions. The partner taking adoption leave cannot also take paternity leave for the same child, so couples need to decide who will take which entitlement.

Separate rules apply to overseas adoptions, where the trigger is usually the date the child enters Great Britain. Beyond the statutory floor, some employers offer enhanced contractual paternity leave, and many couples now combine paternity leave with Shared Parental Leave to split time off more flexibly between them.

Key steps

  1. Confirm eligibility early. Check that the employee has at least 26 weeks of continuous service by the week the adopter is matched with the child, that they are the spouse, civil partner or partner of the adopter, and that they expect to have main responsibility for the child's upbringing alongside the adopter. Service and earnings thresholds affect pay, not just leave.
  2. Agree the notice and dates. The employee should give notice within seven days of the adopter being matched, where practicable, setting out when leave will start and whether they plan to take one or two weeks. Dates can usually be changed with reasonable notice, and the leave must be taken in a single block within the statutory window after placement.
  3. Collect the written declaration. Ask the employee to confirm in writing that they meet the relationship and responsibility conditions, and to provide the matching certificate or equivalent evidence from the adoption agency. For overseas adoptions, you will also need the official notification from the relevant authority and details of when the child is expected to enter the UK.
  4. Process statutory paternity pay. Where the employee qualifies, pay statutory paternity pay for the leave period at the lower of the prescribed weekly rate or 90 percent of average weekly earnings. Check gov.uk for the current statutory rate. Record the payments correctly through payroll and keep evidence of eligibility for HMRC purposes.
  5. Issue a clear decision letter. Write to the employee confirming the agreed leave dates, the rate and duration of any pay, and their right to return to the same job on the same terms. If you have concluded they are not eligible for statutory leave or pay, explain why in writing and tell them how to challenge that decision internally.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Common questions

Q How much paternity leave can be taken for an adoption?
Eligible employees can take either one or two consecutive weeks of statutory paternity leave. It cannot be taken as odd days or split into separate blocks, and it must be used within a set window starting from the date of placement, or from the date the child enters Great Britain for overseas adoptions. Some employers offer longer contractual leave on top of the statutory minimum.
Q Can both adopters take paternity leave?
No. Only one member of the couple can take statutory adoption leave, and the other can take paternity leave. The couple decides between themselves who takes which. The person taking adoption leave cannot also claim paternity leave for the same child. Shared Parental Leave is a separate route that allows couples to divide leave more flexibly after an initial period.
Q Does the employee need 26 weeks of service?
Yes, for the statutory entitlement. The employee must have been continuously employed for at least 26 weeks ending with the week in which the adopter was notified of being matched with the child. Employees who do not meet this threshold may still be entitled to unpaid time off under other provisions or under a more generous contractual policy.
Q How are overseas adoptions treated differently?
For adoptions from outside the UK, the relevant trigger is usually the date the child enters Great Britain rather than a domestic placement date. The employee must give earlier notice of the expected date and provide the official notification from the authorities confirming the adoption has been approved. The leave window and pay rules otherwise broadly follow the domestic position.
Q What if the employer thinks the employee is not eligible?
If the employer concludes the employee does not qualify for statutory paternity leave or statutory paternity pay, they should tell the employee in writing and explain the reasons. For pay specifically, employers use form SPP1 to refuse statutory paternity pay. The employee can challenge the decision internally and, if unresolved, ask HMRC to make a formal determination on pay.
Q Is the job protected during paternity leave?
Yes. An employee on statutory paternity leave has the right to return to the same job on the same terms and conditions. Detriment or dismissal because someone took, or sought to take, paternity leave is unlawful. Continuity of service is preserved throughout the leave, which protects pension accrual and other service-related entitlements.
Q Can paternity leave be combined with Shared Parental Leave?
Yes. Many couples take the one or two weeks of paternity leave at or around placement, and then use Shared Parental Leave later to split the remaining adoption leave and pay between them. The partner taking Shared Parental Leave must meet its own eligibility conditions, and the adopter needs to curtail their adoption leave to free up the balance.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.