Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Paternity definition

What does Paternity mean? Paternity describes who is legally recognised as a child’s father in practice, determining rights and obligations in family law, child maintenance, nationality, succession and immigration. It is established by statutory presumptions, birth registration, rules on assisted reproduction, adoption, or by court order. Across the UK and Ireland, a husband is generally presumed to be the father of his wife’s child at birth; the presumption is rebuttable by evidence or court declaration. Naming a man on the birth register evidences paternity; in England & Wales and Northern Ireland this generally gives an unmarried father parental responsibility, and in Scotland confers PRRs, whereas...

Paternity Leave and Statutory Paternity Pay on Birth and Adoption: eligibility, notice, return rights, protections, 2025–2026 reforms, SPL interaction and bereaved partner leave (Great Britain)

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Practice notes

This Practice Note considers the position in relation to Paternity leave and statutory Paternity pay (SPP) in relation to birth or Adoption

This note outlines the framework for paternity leave and statutory paternity pay where a child is born or adopted. In essence, statutory paternity leave and pay enable the secondary carer—namely the father, the mother’s spouse or partner, or the secondary adopter—to take paid time away from work after the birth or placement of a child.

For cases where the child’s expected week of childbirth (EWC) started on or before 6 April 2024, or where the expected placement date for adoption fell before 6 April 2024, see Practice Note: —pre-6 April 2024 [Archived].

From 6 April 2026, the Employment Rights Act 2025 (ERA 2025) introduces the following:

paternity leave becomes a ‘day one’ right (see: Eligibility conditions—birth and Eligibility conditions—adoption, below), and
no restriction on taking paternity leave after shared parental leave (SPL) in respect of the same child (see: Overview of paternity leave and pay, below)

Transitional arrangements mean newly eligible parents may give notice of their intention to take leave from 18 February 2026 (see: Notice requirements below, under ‘Transitional provisions relating to notice and declarations (birth)’)...

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Web page updated on 22/05/2026

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