PART IIISTATUTORY PATERNITY PAY (ADOPTION)

Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption11

1

The conditions prescribed under section 167ZB(2)(a) of the Act are that a person–

a

is married to or the partner of a child’s adopter; and

b

has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter, or in a case where there are two adopters, together with the other adopter) for the upbringing of the child.

2

For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph (3).

3

References to relationships in paragraph (2)–

a

are to relationships of the full blood or half blood, or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

b

include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.