Adoption pay and leave

Skip contents

Eligibility

There are different eligibility rules for leave and pay.

Adoption leave

To get Statutory Adoption Leave, you must:

Leave if you’re adopting a child from overseas

You must also sign form SC6 if you’re adopting from overseas with a partner. This confirms you’re not taking paternity leave or pay.

Adoption pay

To get Statutory Adoption Pay, you must:

If you usually earn an average of £123 or more a week, and you only earned less in some weeks because you were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, you may still be eligible.

Pay if you’re adopting a child from overseas

The requirements are the same if you’re adopting from overseas, except you must have been continuously employed by your employer for at least 26 weeks when you start getting adoption pay.

You must also sign form SC6 if you’re adopting from overseas with a partner. This confirms you’re not taking paternity leave or pay.

Pay if you’re in a surrogacy arrangement

The requirements are the same if you’re in a surrogacy arrangement, except you must have been continuously employed by your employer for at least 26 weeks by the 15th week before the baby’s due.

You must also:

  • intend to apply for a parental order
  • expect the order to be granted (for example because you do not have any convictions involving children, and the birth mother or father agree to the arrangement)

If you’re genetically related to the child (the egg or sperm donor), you can choose to get paternity leave and pay instead. You cannot get both.

You’re fostering for adoption

If you’re eligible for adoption pay and leave, you’ll receive them from when the child comes to live with you.

Exceptions

You do not qualify for Statutory Adoption Leave or Pay if you:

  • arrange a private adoption
  • become a special guardian or kinship carer
  • adopt a stepchild
  • adopt a family member

If you’re not eligible

Your employer must give you form SAP1 explaining why you cannot get Statutory Adoption Pay.

You may get support from your local council instead, if you’re adopting a child.