(1) In the case of a foreign adoption, where the qualifying adopter dies and the surviving parent requires a period of additional adoptive leave before the day of placement, for the purposes of familiarisation with the child who is to be adopted, some or all of the additional adoptive leave under section 10 may be taken immediately before the day of placement.

(2) Entitlement to a period of leave under subsection (1) shall be subject to the surviving parent -

(a) having, as soon as is reasonably practicable, caused his or her employer to be notified in writing of his or her intention to take such additional adoptive leave before the day of placement, and

(b) causing his or her employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a ‘declaration of eligibility and suitability’ (within the meaning of section 3(1) of the Adoption Act 2010) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and