Am I entitled to Statutory Paternity Pay when adopting?

Yes – for up to two weeks – as long as: 

  • you are an employee

  • you have been continuously employed by your current employer for 26 weeks or more by the end of the 'qualifying' week (for adopting parents seeking paternity leave and pay, this is the week beginning with the Sunday that you and your partner receive notification of having been matched with the child, and ends on the following Saturday); 

  • you are married to, the civil partner of, or the partner of, the child’s adopter or the other person adopting the child along with yourself; 

  • you have, or expect to have, the main responsibility, along with the other adopter, for the upbringing of the child; and 

  • your gross earnings in the eight weeks up to the end of the qualifying week were on average at or above the Lower Earnings Limit (£120 from April 2020). 

In all of these cases, your partner is defined as a person of the same sex or different sex, who you live with, along with the child, in 'an enduring family relationship'. 

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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