PART 4PARENTAL ORDER PARENTS: SHARED PARENTAL LEAVE

Shared Parental Leave (Adoption)

33

In the Schedule (shared parental leave in special circumstances) of the SPL Regulations as they apply to parental order parents—

a

paragraph 10 (entitlement to shared parental leave in the event of a disrupted placement or the death of a child) shall read as if—

i

in sub-paragraphs (1) and (2) the words “is returned after being placed for adoption” were “the parental order does not proceed”;

ii

the words “C’s return or” were omitted;

iii

in the amendment of regulation 32(1) set out in paragraph (6), the words “is returned after being placed for adoption” were replaced by “the parental order does not proceed”;

b

it shall read as if after paragraph (6) there is inserted—

6A

In this paragraph a parental order does not proceed if—

a

A and AP have not made an application for a parental order for C within the time limit for such an application under section 54(3) of the Human Fertilisation and Embryology Act 2008; or

b

an application made for a parental order in respect of C is refused, withdrawn or otherwise terminated and any time limit for an appeal or new application has expired.

c

paragraph (7) shall read as if the words of that sub-paragraph were—

Where more than one child is born of the same pregnancy, a reference in this paragraph relating to the death of C must be construed as a reference to the last of those children to die.