Paternity and Adoption Leave (Adoption from Overseas) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide new rights to paternity and adoption leave in the case of adoptions from overseas. The Regulations are made under powers contained in the Employment Rights (Northern Ireland) Order 1996, as amended by the Employment (Northern Ireland) Order 2002 and, in the case of Article 112B, as further modified by the Employment Rights (Northern Ireland) Order 1996 (Application of Article 112B to Adoptions from Overseas) Regulations (Northern Ireland) 2003.

These Regulations apply the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 (“the Leave Regulations”) to overseas adoptions with the modifications described below. An adoption from overseas is the adoption of a child who enters Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption, which does not involve the placement of a child for adoption under the law of any part of the United Kingdom.

Regulation 7 substitutes new regulations 8-10 of the Leave Regulations, concerning entitlement to paternity leave. The new regulation 8 provides that the right is available to an employee if the child’s adopter has received an official notification of his suitability to adopt, the employee has been continuously employed for a period of not less than 26 weeks, the employee is the spouse or partner of the child’s adopter and the employee has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter) for the upbringing of the child.

The new regulation 9 gives an employee the option of taking either one week’s leave or two consecutive weeks' leave, and also options concerning the date on which the employee’s period of leave will begin; however, leave may only be taken within 56 days of the child’s entry into Northern Ireland. The new regulation 10 requires an employee to notify his employer of the date on which the adopter of the child received official notification, the date on which the child is expected to enter Northern Ireland, the date which the employee has chosen to be the start date of the paternity leave and the date on which the child enters Northern Ireland. This regulation also requires the employee, if requested by the employer, to provide his employer with a written declaration that his partner or spouse has received an official notification, and that he satisfies the conditions contained in regulation 8(2)(c) and (d) as to his relationship with the adopter and his responsibility for the upbringing of the child.

Regulation 9 substitutes new regulations 15-17 of the Leave Regulations, concerning the right to adoption leave. The new regulation 15 sets out the conditions for entitlement to ordinary adoption leave. An employee must be the child’s adopter and have been continuously employed for a period of not less than 26 weeks. Only one person may take adoption leave in respect of a child at any time; accordingly, when a couple propose to adopt a child jointly, the person who has elected to be the child’s adopter may take adoption leave but the other person may only take paternity leave. The new regulation 16 enables an employee to choose when his period of leave should begin. The new regulation 17 imposes notice requirements similar to those applicable in relation to paternity leave.