Information for adoptive parents
This information is for parents who want to take parental leave, and are assuming care of a child under six years who they intend to adopt.
Which adoptive parents are eligible for parental leave?
For an adoptive parent to be eligible for parental leave from their employment, and to receive paid parental leave, they must meet the eligibility requirements as an employee or self-employed person and the adoption must be lawful in New Zealand. This means the adoption order must be made under the Adoption Act 1955 or have the same effect as an adoption order made under that Act.
It is important to note:
Customary adoptions, whaangai, and foster care: these are not eligible for parental leave or paid parental leave unless the parents also intend to legally adopt the child according to the Adoption Act 1955.
To discuss requirements under the Adoption Act 1955, please visit the Child Youth and Family website.
Adoptive parents can choose which parent will be the primary carer. The nominated parent must meet the eligibility criteria either as an employee or a self-employed person to take parental leave. Once you have decided which parent will take parental leave, the nominated adoptive parent can apply for parental leave from their employment and apply for parental leave payments from Inland Revenue.
If you are an employee, information on the eligibility criteria can be found at Who can take parental leave?
If you are self-employed, information on eligibility criteria can be found at Self-employed entitlements.
Paid parental leave application forms are also available from the Department of Labour’s website.
Providing evidence of adoption
When applying for parental leave from your employer in relation to a proposed adoption of a child under the age of six, you will need to give notice of your intention to take parental leave and provide evidence that you are assuming the care of the child that you intend to legally adopt.
Depending on the circumstances a copy of one of the following documents is required to accompany your application for parental leave:
| Circumstance | Your application must be accompanied by: |
|---|---|
| Where the child has been approved by and placed in your home by a Social Worker | a letter from the Social Worker stating that the child has been placed with you with a view to adoption. |
| Where the Court has made an interim adoption order | a certified copy of the interim adoption order |
| Where the child is otherwise lawfully in your home pursuant to the Adoption Act 1955 | the notice to your employer must be accompanied by a statutory declaration that you have assumed care of the child with a view to adoption. |
Note that the intent to adopt must be a legal adoption under the Adoption Act 1955. For further information refer to Child Youth & Family.
How and when to apply for parental leave
If you are an employee
You must write to your employer advising that you intend to take parental leave, and attach your evidence of adoption to the letter. Information on what to include in the letter is detailed at How do I apply for parental leave and payments?
Once you and your employer have agreed on your leave arrangements you should apply for paid parental leave as soon as possible. Information on how to get the application forms and how to apply is contained at How do I apply for parental leave and payments?
Expectant parents are generally required to give their employer three months notice of their intention to take parental leave. However, the notice requirements for adoptive parents depend on the type of evidence of adoption you will provide.
- If you have a letter from a social worker: you must give your employer notice within 14 days of receiving notice that a child will be placed with you, and give your employer a copy of the social worker’s letter as your evidence of adoption.
- Where a Court has made an interim order: you must give your employer notice within 14 days of the court order being made, and give your employer a certified copy of the court order as your evidence of adoption.
- Where you provide a statutory declaration: you must give your employer notice within 14 days of making your statutory declaration, and give your employer a copy of the statutory declaration as your evidence of adoption.
You should follow this process unless your employment agreement says otherwise, or your employer tells you they don’t require written notice and evidence.
If you are self-employed
If you are self-employed, you must send your evidence of adoption together with your application for paid parental leave to Inland Revenue. Information on how to get the application forms and how to apply is detailed in Self-Employed entitlements.
