PART 2PARENTAL ORDER PARENTS: PATERNITY AND ADOPTION LEAVE

6.  Regulation 2 (interpretation) of the Leave Regulations as they apply to parental order parents shall read as if—

(a)in paragraph (1)—

(i)the definitions of “adopter” and “child” were omitted;

(ii)in the definition of “partner”, the words “a child’s mother or adopter” were “Parent A” and the words “mother or adopter”, in both places, were “Parent A”;

(iii)there were, in the appropriate places alphabetically, the following definitions—

“intended parent”, in relation to a child, means a person who, on the day of the child’s birth—

(a)

applies, or intends to apply during the period of 6 months beginning with that day, with another person for a parental order in respect of the child, and

(b)

expects the court to make a parental order on that application in respect of the child;

“Parent A” in relation to a child, means the parental order parent who has elected to be Parent A;

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008;

“parental order parent” means a person—

(a)

on whose application the court has made a parental order in respect of the child, or

(b)

who is an intended parent of the child;

“parental statutory declaration” means a statutory declaration stating that the person making the declaration—

(a)

has applied, or intends to apply, under section 54 of the Human Fertilisation and Embryology Act 2008 with another person for a parental order in respect of the child within the time limit for making such an application; and

(b)

expects the court to make a parental order on that application in respect of the child;

“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;

(b)in paragraph (2)—

(i)the words “a child’s mother or adopter” were “Parent A”;

(ii)the words “the mother’s or adopter’s” were “Parent A’s”;

(c)the words of paragraph (4) were—

a parental order parent elects to be Parent A in relation to a child if he agrees with the other parental order parent of the child that he, and not the other parental order parent, will be Parent A.