Statutory Adoption Leave is 52 weeks. It’s made up of: 26 weeks of Ordinary Adoption Leave 26 weeks of Additional Adoption Leave Only 1 person in a couple can take adoption leave. The other partner could get paternity leave instead. If you get adoption leave, you can also get paid time off work to attend 5 adoption appointments after you’ve been matched with a child. Use the planner to work out the dates for your adoption leave. Start date Adoption leave can start: up to 14 days before the date the child starts living with you (UK adoptions) when the child arrives in the UK or within 28 days of this date (overseas adoptions) the day the child’s born or the day after (if you’ve used a surrogate to have a child) Change your dates You must tell your employer within 28 days if the date of placement (or UK arrival date for overseas adoptions) changes. You must give your employer at least 8 weeks’ notice if you want to change your return to work date.

Statutory Adoption Pay is paid for up to 39 weeks. The weekly amount is: 90% of your average weekly earnings for the first 6 weeks £184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks It’s paid in the same way as your wages (for example monthly or weekly). Tax and National Insurance will be deducted. Extra pay You may get more pay if your employer has a company adoption pay scheme. Your employer cannot offer you less than the statutory amount. Start date Statutory Adoption Pay starts when you take your adoption leave. Problems and disputes If you disagree with the amount of Statutory Adoption Pay you get or your employer cannot pay it, for example because they’re insolvent, contact the Statutory Payment Disputes Team .

There are different eligibility rules for leave and pay. Adoption leave To get Statutory Adoption Leave, you must: be an employee give the correct notice give proof of the adoption or surrogacy , if your employer asks you for it 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: have been continuously employed by your employer for at least 26 weeks by the week you were matched with a child earn on average at least £123 a week (before tax) give the correct notice give proof of the adoption or surrogacy 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.

The rules are slightly different if you’re adopting from overseas or you’re having a child through a surrogacy arrangement. Statutory Adoption Leave Within 7 days of being matched with a child you must tell your employer: how much leave you want your leave start date the ‘date of placement’ - the date the child is placed with you Your employer can ask for this in writing and for proof of the adoption. Your employer must confirm your leave start and end dates within 28 days. Use the planner to work out when you must claim your adoption leave. Statutory Adoption Pay Tell your employer you want to stop work to adopt a child and when you want your Statutory Adoption Pay to start. You must give them at least 28 days’ notice. They can ask for this in writing and for proof of the adoption. Your employer must confirm within 28 days how much Statutory Adoption Pay you’ll get and when it will start and stop. If they decide you’re not eligible, they must give you form SAP1 within 7 days of making their decision and explain why. Proof of adoption You must give your employer proof of adoption to qualify for Statutory Adoption Pay. Proof is not needed for Statutory Adoption Leave unless they request it. The proof must show: your name and address and that of the agency the match date - for example the matching certificate the date of placement - for example a letter from the agency the relevant UK authority’s ‘official notification’ confirming you’re allowed to adopt (overseas adoptions only) the date the child arrived in the UK - for example a plane ticket (overseas adoptions only) Overseas adoptions Tell your employer the date of your ‘official notification’ and when you expect the child to arrive in the UK. You must usually do this within 28 days of getting the notification. You can only take longer if you’ve worked for your employer for less than 26 weeks. Tell them within 28 days of the Sunday in your 26th week. You must also tell them: the actual date the child arrives in the UK - within 28 days of this date how much leave you want and your start date - giving your employer 28 days’ notice Surrogacy arrangements If you use a surrogate to have a baby, tell your employer the due date and when you want to start your leave at least 15 weeks before the expected week of birth. They may ask for this in writing. Your employer may also ask for a written statement (‘statutory declaration’) to confirm you’ve applied or will apply for a parental order in the 6 months after the child’s birth. You must sign this in the presence of a legal professional.

Adoption pay and leave

Overview

When you take time off to adopt a child or have a child through a surrogacy arrangement you might be eligible for:

Statutory Adoption Leave
Statutory Adoption Pay

There are rules on when and how to claim your paid leave and if you want to change your dates.

You may also be eligible to take Shared Parental Leave and Pay.

This guide is also available in Welsh (Cymraeg).

Your employment rights when on leave

Your employment rights are protected while on Statutory Adoption Leave. This includes your right to:

pay rises
build up (accrue) holiday
return to work

View a printable version of the whole guide

Adoption pay and leave

Overview

Your employment rights when on leave

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Adoption pay and leave

Overview

Your employment rights when on leave

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