Meeting residence rules

To get Parental Leave Pay for a child born or adopted from 1 July 2023, you must meet residence rules.

When your child is born or adopted you must be living in Australia and have one of the following:

Newly arrived residents may have to wait 2 years before getting this payment, with some exemptions. The 2 years need to be before your child’s birth or adoption.

For example, if your child is born on 1 April 2024, you need to have waited 2 years before. This means you need to have been in Australia as a resident since 1 April 2022 to qualify.

You must meet the residence rules to get Parental Leave Pay. If you’re unsure read about residence descriptions. You also can’t be in a newly arrived resident’s waiting period unless you have an exemption on both:

  • the day of your child’s birth or adoption
  • any days you get Parental Leave Pay.

Information if you’re not the birth mother

To get Parental Leave Pay you must meet the residence rules. The birth mother doesn’t need to meet the residence rules for you to get the Parental Leave Pay.

The birth mother must meet the work test and give permission for you to claim if you are any of the following:

  • the birth mother’s partner
  • the child’s biological father
  • the partner of the child’s biological father.
Page last updated: 1 July 2023.
QC 64490