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Benefits for rainbow families
Parental allowance
Same-sex couples in a registered partnership can take parental leave and receive parental allowance (or partial parental allowance). Couples in a registered partnership can decide which of the partners will stay at home to look after the child during the parental allowance period. They may also divide their parental allowance period between themselves so that they look after the child at different times. However, both parents cannot take the care leave at the same time (with the exception of partial parental allowance).
The details of the eligibility for parental allowance are affected by the fact whether the other partner in a registered partnership has adopted his or her partner's child.
Adoption within the family
If you have adopted your partner's child or adopted child who is under one year of age at the time of adoption, you may be eligible for paternity allowance or parental allowance for adoptive parents. Your partnership may have been registered after the birth of the child, but the registration must have taken place prior to the day from which you are claiming parental allowance. Irrespective of their gender, the parties to a registered partnership are entitled to paternity allowance.
If your partner has been paid maternity allowance for the same child, parental allowance will be paid for 158 working days. If neither party to a registered partnership has been eligible for maternity allowance, the adoptive parent's paternity allowance will be paid for 200 working days. The period will start from the day when the parent took over the care of the child.
No adoption within the family
A partner who is not a biological or adoptive parent of a child may also take parental leave. However, you must be in a partnership that was registered before the birth or adoption of the child and you must live in the same household with your partner and the child. Parental allowance is paid for an adoptive child who is not the biological child of either partner and who is adopted only by one of the partners if the child has been under 7 years of age when he or she was placed in the parent's care.
When one of the partners is the biological parent of the child, the period of parental allowance will start when the maternity allowance period comes to an end. If one of the parties to a registered partnership has adopted the child, but his or her partner has not adopted the child within the family, the period of parental allowance will start on the day when the child was placed in the parent's care.
A partner who is not the child's biological or adoptive parent is not eligible for paternity allowance.
Claiming the allowance
Information about application periods and other instructions are available in section How to claim parental allowance. Parental allowance can be claimed online.
Paternity allowance is claimed with the form Father's parental allowance application (SV29) even if the adoptive parent in question is female.
Child maintenance allowance
A child of a female couple may be eligible for child maintenance allowance if the paternity of a child born out of wedlock has not been confirmed. A child of a male couple is not eligible for child maintenance allowance on this basis.
Updated 12/19/12