UK Paternity Leave Rules Amended for Overseas Adoptions

UK New Legislation

Published March 10th, 2026

Detected March 11th, 2026

Summary

The UK government has issued the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026, amending rules regarding paternity leave for overseas adoptions. These regulations come into force on March 10, 2026.

View original document View source feed page

What changed

The UK Secretary of State has issued new regulations amending the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003. These amendments, made under the power conferred by section 80B(8) of the Employment Rights Act 1996, specifically address paternity leave entitlements in cases involving overseas adoptions, aligning them with recent legislative changes from the Paternity Leave (Bereavement) Act 2024 and the Employment Rights Act 2025. The changes clarify provisions related to the death of a child's adopter or the child itself, ensuring employees can still be entitled to paternity leave under certain circumstances.

Employers in England, Wales, and Scotland must ensure their paternity leave policies and practices are updated to reflect these amendments, which take effect on March 10, 2026. While the regulations are primarily technical, they ensure that employees in overseas adoption cases are afforded the same protections and entitlements as those in domestic adoption cases, particularly in sensitive situations involving the death of a child or adopter. No specific penalties are mentioned for non-compliance, but adherence to employment law is expected.

What to do next

Review and update paternity leave policies to incorporate changes related to overseas adoptions, effective March 10, 2026.
Ensure HR and payroll systems reflect the amended provisions for paternity leave entitlement in cases of overseas adoption, particularly concerning the death of an adopter or child.

Source document (simplified)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2026 No. 238

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026

Made

9th March 2026

Coming into force

10th March 2026

The Secretary of State makes these Regulations in exercise of the power conferred by section 80B(8) of the Employment Rights Act 1996(1).

In accordance with section 236(3) of that Act(2), a draft of the instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

These Regulations—

(a) may be cited as the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026,

(b) come into force on 10th March 2026, and

Amendment of the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003

—(1) The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003(3) are amended as follows.

(2) In the table in the Schedule, after the entry substituting section 80B(6), insert—

| “ Section 80B(6C) | For subsection (6C) (4) substitute—

“ (6C) In relation to cases where a child’s adopter dies, this section has effect as if after subsection (1) there were inserted—

“ (1A) But in a case where the child’s adopter dies and the child—

(a) dies, or

(b) ceases to live with the employee,

the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose. ”. ”. ”. |
Kate Dearden

Parliamentary Under-Secretary of State

9th March 2026

Department for Business and Trade

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003 (S.I. 2003/920) (“ the Principal Regulations ”) to reflect the amendments made to section 80B of the Employment Rights Act 1996 (c. 18) (“ the 1996 Act ”) by section 1 of the Paternity Leave (Bereavement) Act 2024 (c. 17) (“ the 2024 Act ”) and sections 16(2) and 17(2) of the Employment Rights Act 2025 (c. 36) (“ the 2025 Act ”).

Section 80B of the 1996 Act places a duty on the Secretary of State to make regulations entitling an employee who satisfies specified conditions to be absent from work on paternity leave for the purpose of caring for a child placed for adoption under the law of any part of the United Kingdom or supporting that child’s adopter. The Principal Regulations provide that section 80B of the 1996 Act has effect, with modifications, in relation to cases which involve the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom (“overseas adoption cases”).

Subsection (6C) of section 80B of the 1996 Act, inserted by the 2024 Act and subsequently amended by the 2025 Act, places a duty on the Secretary of State to make regulations entitling an employee who satisfies specified conditions to be absent from work on paternity leave where the person with whom a child is placed or expected to be placed for adoption dies. That subsection also provides that such regulations may entitle an employee to be absent from work on paternity leave where the child also dies or is, having been placed for adoption, returned. These Regulations make corresponding amendments to the Principal Regulations in relation to overseas adoption cases.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.

(1) 1996 c. 18. Section 80B was inserted by section 1 of the Employment Act 2002 (c. 22) and amended by sections 118(7), 121(2), 122(4), 128(2)(b) of, and paragraph 33 of Schedule 7 to, the Children and Families Act 2014 (c. 6), section 1(3) of the Paternity Leave (Bereavement) Act 2024 (c. 17), sections 16(2) and 17(2) of the Employment Rights Act 2025 (c. 36) and by S.I. 2016/413 (W. 131).

(2) Section 236(3) was amended by paragraph 42(3) of Schedule 4 to the Employment Relations Act 1999 (c. 26), paragraph 49(3) of Schedule 7 to the Employment Act 2002 (c. 22) and paragraph 44 of Schedule 1 to the Work and Families Act 2006 (c. 18). There are other amendments not relevant to this instrument.

(3) S.I. 2003/920.

(4) Subsection (6C) was inserted by section 1(3) of the Paternity Leave (Bereavement) Act 2024 (c. 17) and amended by sections 16(2)(b) and 17(2)(b) of the Employment Rights Act 2025 (c. 36).