Q&As

Where an employee is adopting a child from overseas, when does the ordinary adoption leave period start?

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Published on LexisPSL on 20/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee is adopting a child from overseas, when does the ordinary adoption leave period start?
  • Entitlement to ordinary adoption leave
  • Start date for ordinary adoption leave period
  • Notice and evidential requirements

Where an employee is adopting a child from overseas, when does the ordinary adoption leave period start?

For information:

  1. on time off for adoption appointments generally, see Practice Note: Time off work for adoption appointments

  2. on adoption leave generally, see Practice Note: Adoption leave

As mentioned in Practice Note: Adoption leave—Adoptions from overseas, the provisions of the Paternity and Adoption Leave Regulations 2002 (PAL Regs 2002), SI 2002/2788 are modified in relation to adoption leave in the case of an adoption of a child from overseas.

The provisions of the PAL Regs 2002, SI 2002/2788 are also modified in relation to paternity leave.

‘Adoption from overseas’ means the adoption of a child who enters Great Britain from outside the UK in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the UK.

For these purposes, the following definitions in PAL Regs 2002, SI 2002/2788, reg 2 are modified:

  1. ‘adopter’, in relation to a child, means a person by whom the child has been or is to be adopted or, in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave in respect of the child

  2. ‘child’ means a person who enters Great Britain from outside the UK

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