Commentary on Sections Part 2: Shared Rights to Leave and Pay Section 11: Other statutory rights to pay of applicants for parental orders
Section 11 makes provision for intended parents in surrogacy arrangements, who are entitled and intend to make an application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008, to be entitled to statutory paternity pay and to statutory adoption pay in respect of the child who is the subject of the order.
Subsection (2) amends section 167ZK of the SSCBA concerning ordinary paternity pay so that regulations may apply ordinary paternity pay to qualifying intended parents in surrogacy arrangements.
Subsection (3) amends section 167ZT of the SSCBA concerning statutory adoption pay. New section 167ZT(2) enables regulations to be made to apply statutory adoption pay to qualifying intended parents in surrogacy arrangements. New section 167ZT(3) enables the regulations in those cases to impose requirements on intended parents in surrogacy arrangements to provide statutory declarations as to their eligibility and intention to apply for a parental order.