Surrogate parents eligible for adoption leave

Implementation date: 5 April 2015

The Children and Families Act 2014 introduces the right to ordinary paternity leave and pay, adoption leave and pay and shared parental leave and pay to parents who have a child through a surrogacy arrangement or a "foster to adopt" arrangement, provided that they meet the eligibility criteria. The Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014 (SI 2014/3096), which came into force on 1 December 2014, extend statutory adoption leave to parents for whom a court has made a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008 and intended parents in a surrogacy situation, in respect of children whose expected week of birth begins on or after 5 April 2015.