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 adoption

11.—(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.