Commentary on Sections Part 2: Shared Rights to Leave and Pay Article 107J: Power to apply Articles 107G and 107I to other cases
Paragraph (1) allows the regulations under Articles 107G and 107I to provide for cases where a child has been adopted under the laws of a jurisdiction outside the United Kingdom.
Paragraph (2) makes similar provision in relation to cases involving an employee who has applied, or intends to apply, with another person, under section 54 of the Human Fertilisation and Embryology Act 2008 for a parental order in respect of a child. This will allow some parents in surrogacy arrangements to be entitled to shared parental leave in the same way as certain adoptive parents. Paragraph (3) provides that the Department can prescribe that eligible intended parents in surrogacy arrangements who wish to take shared parental leave must make a statutory declaration as to their eligibility and intention to apply for a parental order.