What notice and evidence is an employee required to provide to receive statutory adoption pay in relation to a child adopted from overseas?

An employee who is adopting a child from overseas must notify the employer of the date on which he or she received the official notification, within 28 days of that date, or within 28 days of completion of 26 weeks' continuous service with the employer if this is later.

"Official notification" means written notification, issued by the relevant domestic authority, that it is prepared to issue, or has already issued, a certificate to the overseas authority concerned with the adoption of the child, confirming that the adopter has been assessed and approved as being a suitable adoptive parent.

The employee must provide the employer with at least 28 days' notice of the date on which he or she has chosen the statutory adoption pay period to start. This can be the date on which the child enters Great Britain or a predetermined date no later than 28 days after the date the child enters Great Britain. If it is not reasonably practicable to give 28 days' notice, the employee must give notice as soon as is reasonably practicable.

At least 28 days before the start of the adoption pay period, the employee must provide the employer with:

  • a copy of the official notification;
  • written confirmation of the employee's name and address;
  • written confirmation of the date on which the child is expected to enter Great Britain; and
  • a declaration that he or she has elected to receive statutory adoption pay and not statutory paternity pay in relation to the child.

Within 28 days of the child entering Great Britain, the employee must provide the employer with evidence in writing of the actual date of entry.