Statutory paternity leave in surrogacy (parental order) cases has been updated. The Employment Rights Act 1996 (Application of Section 80B to Parental Order Cases) (Amendment) Regulations 2026 take effect across Great Britain on 10 March 2026, following approval by both Houses. (statutoryinstruments.parliament.uk)

The regulations introduce the term “primary parental order parent” - the intended parent who elects to be the child’s main carer by agreement with the other applicant under section 54 of the Human Fertilisation and Embryology Act 2008. This provides the legal hook to apply section 80B paternity leave provisions cleanly in parental order cases. Parliament confirmed the companion aim: to ensure families using surrogacy are squarely in scope. (hansard.parliament.uk)

Critically, where the elected primary parental order parent dies, the other intended parent can still qualify for leave even if the parental order is not applied for within six months, is refused or withdrawn, or if the child dies. This mirrors the bereavement provisions inserted into section 80B by the Paternity Leave (Bereavement) Act 2024, which permit leave “despite the fact that the leave cannot be taken for that purpose”. (legislation.gov.uk)

A separate set of rules - the Bereaved Partner’s Paternity Leave Regulations 2026 - comes into force on 6 April 2026. Government and NHS Employers material confirms a new day‑one right to leave for employees who lose the mother or primary adopter within the first year. (business.gov.uk)

Ministers told MPs the entitlement can run for up to 52 weeks, ending on the child’s first birthday (or first adoption anniversary), with informal notice - including by text or phone - allowed if leave starts in the first eight weeks after the death. The Department estimates around 90 eligible cases per year and an aggregate employer impact of roughly £0.9m annually. (hansard.parliament.uk)

What this means for HR teams is straightforward. For any surrogacy arrangement, ask the intended parents to confirm who is the “primary parental order parent” and keep a dated record within your HRIS. The regulations do not prescribe a form, but a clear audit trail will help managers and payroll apply the right entitlement quickly in time‑critical situations.

Update your policy wording to reflect Great Britain coverage, day‑one eligibility for the bereaved partner right from 6 April 2026, and acceptance of short‑notice requests - including by phone or text - in the first eight weeks after a death. Northern Ireland has separate legislation and guidance. (hansard.parliament.uk)

Plan for the pay conversation. Bereaved partner’s paternity leave is unpaid in law, though many employers choose to offer contractual pay. If you provide enhancements for birth or adoption, sense‑check that surrogacy cases are treated consistently to avoid unintended inequities. (nhsemployers.org)

A practical example helps. An SME whose team member is an intended parent (not the elected primary carer) can grant immediate bereaved partner’s paternity leave after a partner’s death, accept notice by text, and plan cover for the period up to the child’s first birthday. Payroll should default to unpaid leave unless your policy offers a top‑up, with HR recording the primary‑parent election and any subsequent parental‑order updates. (hansard.parliament.uk)