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Eligibility

You must have been continuously employed by your employer for at least 26 weeks up to the end of any day in the 鈥榪ualifying week鈥�.

For adoptions in the UK, this is the week you鈥檙e matched with the child.

For overseas adoptions, this is either:

• the week the child enters the UK
• the week you want your pay or leave to start

You must also meet the other eligibility conditions for paternity leave or pay.

Start and end dates - Paternity Leave

Your period of Paternity Leave can start as early as:

• the date of placement
• the date the child arrives in the UK if you鈥檙e adopting from overseas
• the date the child鈥檚 born (or the day after if you鈥檙e working that day) if you鈥檙e a surrogate parent
• a date you choose which falls after the date of birth or placement

You must give your employer 28 days鈥� notice if you want to change your start date.

For adoptions within the UK and from overseas

If the child is expected to be placed or to arrive in England, Scotland or Wales:

• before 6 April 2024, your leave must end within 56 days of the placement or arrival date
• on or after 6 April 2024, your leave must end within 52 weeks of the placement or arrival date

For surrogate parents

If the child is expected to be born:

• on or before 6 April 2024, your leave must end within 56 days of the child鈥檚 birth
• after 6 April 2024, your leave must end within 52 weeks of the child鈥檚 birth

How to claim - Paternity Leave or Pay

You can use (or your employer鈥檚 own version) for:聽

• adoption - within 7 days of your co-adopter or partner being matched with a child

• surrogacy arrangements - 28 days, or as soon as you鈥檙e reasonably able, before you want your pay to start

You鈥檒l need to download or print the form after completing it and give your employer a copy.

For overseas adoptions the notice period is different. The process is explained in .

The online form replaces forms SC4 and SC5.

Surrogacy arrangements

To be eligible for Paternity Pay and Leave if you use a surrogate to have a baby, you must:

• be in a couple
• be responsible for the child (with your partner)
• have worked for your employer continuously for at least 26 weeks by the end of the 鈥榪ualifying week鈥� (the 15th week before the baby is due)

You claim Paternity Leave and Pay through your employer. You must give your employer at least 15 weeks鈥� notice to claim Paternity Pay. To get Statutory Paternity Pay, you must give this in writing.

You must also provide a written statement to confirm that:

• you intend to apply for a鈥�parental order鈥痠n the 6 months after the child鈥檚 birth
• you expect the court to give you that order