The Government has brought into force amendments to the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003 to reflect new bereavement provisions in section 80B(6C) ERA 1996. The instrument took effect on 10 March 2026 under the affirmative procedure and is led by the Department for Business and Trade. (statutoryinstruments.parliament.uk)
Section 80B of the Employment Rights Act 1996 sets the framework for paternity leave in adoption cases. Through the Paternity Leave (Bereavement) Act 2024, Parliament added subsection (6C), requiring regulations that allow paternity leave where the person with whom a child is placed or expected to be placed for adoption dies. The provision also enables entitlement even if, after that death, the child has died or is no longer living with the employee. (legislation.gov.uk)
The 2026 amending instrument applies that bereavement duty to overseas adoption cases covered by the 2003 Regulations. In practice, it ensures that the modified section 80B continues to confer an entitlement to paternity leave in tragic scenarios involving an adopter’s death, including where the child subsequently dies or ceases to live with the employee, so that the leave is not lost simply because its original caring purpose can no longer be met. (lordsbusiness.parliament.uk)
Eligibility mirrors section 80B conditions as applied to adoptions from overseas: the employee must have the requisite relationship to the child and the adopter under the statutory scheme-for example, as the adopter’s spouse, civil partner or partner who expects to have responsibility for the child’s upbringing and who is not taking adoption leave themselves. Under the 2024 Act changes, this bereavement-based entitlement does not depend on any minimum duration of service. (lordsbusiness.parliament.uk)
Timing matters for implementers. The overseas adoption amendment came into force on 10 March 2026, creating the legal basis for bereavement-related paternity leave in those cases. Separately, the Government’s Bereaved Partner’s Paternity Leave Regulations are scheduled to operate from 6 April 2026, with entitlement applying where the death of the mother or primary caregiver occurs on or after that date; DBT has indicated guidance will be available before commencement. (statutoryinstruments.parliament.uk)
For HR directors and in‑house counsel, immediate actions include updating leave policies and manager guidance to reflect that, in overseas adoption cases, paternity leave may be taken following the death of the adopter even if the child is no longer living with the employee. Processes should avoid any continuity-of-service gatekeeping for this specific entitlement and should set out evidence, notice and record‑keeping steps aligned to section 80B and the 2003 Regulations as amended. (lordsbusiness.parliament.uk)
Employees in scope should be told that bereavement-triggered paternity leave is a statutory right in these circumstances. Where the death occurs on or after 6 April 2026, a separate, extended right-Bereaved Partner’s Paternity Leave of up to 52 weeks on an unpaid basis-will be available across birth, domestic adoption, overseas adoption and parental order cases, with operational rules to be confirmed in Government guidance. (lordsbusiness.parliament.uk)
The instrument extends and applies in England, Wales and Scotland only. Northern Ireland has a separate legislative framework and is unaffected by these amendments. Practitioners operating across the UK should therefore check jurisdiction at the outset of case handling and maintain distinct policy references for Great Britain and Northern Ireland. (lordsbusiness.parliament.uk)
Parliament scrutinised this package alongside related regulations on 9 February 2026 in a Delegated Legislation Committee, and the House of Lords Grand Committee considered the measures on 2 March 2026, confirming the Government’s intent to align overseas adoption and parental order cases with the 2024 Act’s bereavement model. (committees.parliament.uk)