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An employee who becomes a parent through an arrangement with a surrogate mother is also entitled to Statutory Adoption Leave and Pay.

With surrogacy cases, the employee must:

• Give their employer the correct notice. Notice of entitlement to adoption leave must be given by the 15th week before the expected week of birth (and must be in writing, if requested).
• If requested by the employer, provide a statutory declaration that they have obtained or have applied for, or intend to apply for within six months of the birth, a Parental Order in respect of the child they are having with the help of a surrogate and that they expect the court to make the Parental Order.
• Provide the employer with the actual date of birth as soon as reasonably practicable after the birth.

Confirmation of Statutory Adoption Leave

You must respond to the employee's notification of the date they wish their Statutory Adoption Leave to start within 28 days, confirming the date their Statutory Adoption Leave will end. This will inform the employee of when he or she has to return to work. Download our model adoption leave surrogacy acknowledgement letter (DOC, 14K).

See the Invest Northern Ireland Employers' Handbook guidance on adoption leave and pay (PDF, 48K).