Paternity Leave Documents (Adoption)
This set of Paternity Leave Documents (Adoption) contains paternity leave policies for adoption both within Great Britain and overseas, as well as a Paternity Leave Request Form (Adopted Child).
The Paternity Leave Policy (Adoption within Great Britain) sets out the rights of an employee to take ordinary paternity leave and shared parental leave in respect of the adoption of a child within Great Britain, while the Paternity Leave Policy (Adoption from Overseas) sets out these rights in respect of the adoption of a child from outside of the UK.
Our Paternity Leave Request Form (Adopted Child) can be used in order to give employees the means to request paternity leave and pay in respect of a child adopted from within the UK.
See also the separate Shared Parental Leave subfolder.
There are different procedural requirements when adopting from overseas and when adopting from within Great Britain, so it is important that the correct documentation is used.
Paternity Leave Documents (Adoption) is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Which paternity leave policy should I use when we are adopting a child from another country rather than within the UK?
Use the Paternity Leave Policy (Adoption from Overseas) rather than the policy for adoption within Great Britain. The procedural requirements differ because an overseas adoption is triggered by official notification and the child's entry into Great Britain, not by a UK matching week. The notice rules, qualifying period calculation and the point at which leave can start all differ between the two routes, so using the wrong policy creates a compliance risk.
My employee has been matched with a child for adoption within the UK. What form do they use to request paternity leave and pay?
They should complete the Paternity Leave Request Form (Adopted Child) in this sub-folder, which is designed for children adopted from within the UK. The employee must give notice within seven days of being notified of the match. For statutory paternity pay, the employee must also confirm in writing that they are not claiming statutory adoption pay. Proof of adoption such as a letter from the adoption agency or a matching certificate must be provided to support a pay claim.
From 6 April 2026 paternity leave became a day-one right. Do I need to update my adoption paternity leave policy to reflect this?
Yes, but only for placements on or after 6 April 2026. From 6 April 2026 the 26-week continuous service requirement for paternity leave was removed under the Employment Rights Act 2025, so any policy that still refers to a qualifying service period for the leave itself is out of date. For adoption, the day-one leave right applies only where the child is placed for adoption on or after 6 April 2026 or, for overseas adoption, where the child enters Great Britain on or after 6 April 2026, so it does not cover earlier placements or entries. Importantly, the 26-week service requirement for statutory paternity pay remains unchanged, so the policy must distinguish between the right to leave (day one) and the right to pay (still subject to service and earnings conditions). Simply-Docs provides updated policies covering these changes for both the GB adoption and overseas adoption routes.
An employee does not qualify for statutory paternity leave in connection with an adopted child. What letter should I send them?
Use the Letter Advising Employee of Ineligibility for Statutory Paternity Leave (and Pay) for an Adopted Child, which is included in this sub-folder. This covers situations where the employee does not meet the eligibility conditions for either the leave or the pay. If the employee qualifies for leave but not pay, a separate document is available: the Letter Notifying an Employee of Ineligibility for Statutory Paternity Pay. Using the right letter for the right situation is important because the grounds for ineligibility differ between leave and pay.
What is the difference between statutory paternity leave entitlement and statutory paternity pay eligibility for an adopting employee, and why does it matter for my policy?
Since 6 April 2026 an employee has the right to take up to two weeks of statutory paternity leave from their first day of employment, with no service requirement for the leave itself. However, to receive statutory paternity pay the employee must still have been continuously employed for at least 26 weeks by the relevant qualifying date (the matching week for a UK adoption or the equivalent date for an overseas adoption) and must earn at least the lower earnings limit. An employee can therefore be entitled to the leave but receive no pay during it. A well-drafted policy must reflect both conditions separately, and Simply-Docs provides separate adoption paternity leave policies for GB and overseas routes that cover this distinction.
Can the partner of an adopter take paternity leave and then also take shared parental leave for the same child?
Yes, but only for children whose relevant trigger date falls on or after 6 April 2026. For adoption cases this means the change does not apply where the child was placed for adoption before 6 April 2026, nor, for adoption from overseas, where the child entered Great Britain before 6 April 2026. Subject to that, an eligible employee can take paternity leave and subsequently take shared parental leave for the same child. The previous rule that taking shared parental leave extinguished the right to paternity leave was removed by the Employment Rights Act 2025. Both entitlements remain subject to their own eligibility conditions. The Simply-Docs Shared Parental Leave sub-folder contains separate templates for shared parental leave in adoption cases.