Paternity leave and pay for adoption

From 6 April 2026, paternity leave becomes a day‑one right for all new employee parents. This means you will no longer need to have worked for your employer for 26 weeks before becoming eligible. As long as you meet the other criteria for paternity leave, you can take it from your first day in the job. You will also be able to take paternity leave after Shared Parental Leave, something that was not previously allowed.

The following guidance applies in respect of children expected to be born on or after 6 April 2026 and in respect of a child(ren) who is/are expected to be placed for adoption with the adopter on or after 6th April 2026.

If you are the partner of someone who is adopting, you may be entitled to paternity leave. If you are adopting jointly with your partner, you have to decide which of you takes paternity leave, and which of you takes adoption leave. You cannot both take adoption leave even if you are both entitled.

In order to be eligible for ordinary paternity leave for an adoption you must:

• Either be the second adoptive parent in a married couple or civil partnership where the other spouse/partner is taking adoption leave or be the partner of the child’s adopter
• Have or expect to have responsibility for the upbringing of the child.

If you are not married or in a civil partnership with the person adopting a child, you count as a partner if you live with the person in an enduring family relationship, but you are not a close blood relative. This applies to same sex and opposite sex couples.

When can paternity leave be taken?

You can choose to take one or two consecutive weeks of paternity leave. It can be taken before or after a period of Shared Parental Leave. Leave can be taken:

• From the date of the child’s placement, whenever that takes place
• From a chosen number of weeks after the date of the child’s placement (whenever they are placed with you)
• Or from a chosen date which is on or after the expected date of placement

Where the adoption leave is in respect of a child in a surrogacy arrangement, paternity leave can be taken:

• from the date when the child is born (or the day after, if you are at work on the day of the birth)
• from a chosen number of weeks after the birth
• from a chosen date in the first year which is later than the first day of the expected week of birth

Leave can start on any day of the week and can be taken in either a continuous two week block or in discontinuous one week blocks. The leave must be taken within one year of the child’s placement or birth. There is only one period of leave available even if more than one child is placed.

If you have started paternity leave for an adoption, and the placement does not work out, you are still entitled to paternity leave and pay. If you have not started your paternity leave when you find out that a child is not going to be placed with you or your partner, then you cannot take any leave or pay.

Statutory Paternity Pay (SPP)

Most employees who are entitled to ordinary paternity leave will also be entitled to Statutory Paternity Pay (SPP) if your average earnings in the eight weeks or two months before you are notified of the match meet the lower earnings limit for National Insurance. You must also work for the same employer from the end of the week you were notified of being matched with the child to the day the child is placed with you for adoption (or from the 15th week before the child is due to the date the child is born).

Workers who are not entitled to paternity leave can be entitled to SPP if they are an “employed earner” and meet the conditions of entitlement to leave other than being an employee (for example, agency workers).

SPP is paid at a flat rate per week or 90% of average weekly earnings if this is less. If you are paid weekly, average weekly earnings are based on your earnings in the eight weeks ending with the week in which the adopter was notified of the match. If you are paid monthly, it is usually based on the last two pay dates before the end of the week in which notification of the match occurred.

If the adoption leave is in respect of a child in a surrogacy arrangement, your average earnings are worked out as above, but based on your earnings in the 8 weeks up to and including the 15th week before the child is due.

If your employer decides you are not entitled to SPP, they should give you a written decision within 28 days of your notice (see below). If they do not give you a decision, or you think the decision is wrong, you can ask HMRC (Her Majesty’s Revenue and Customs) to make a decision for you.

The earliest date SPP can be paid is the date of the child’s placement for adoption (or birth in a surrogacy arrangement), and the latest is 52 weeks after the placement or birth of the child.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

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