Statutory Adoption Pay and Leave: employer guide

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Eligibility

Some employees will not qualify for both leave and pay.

Statutory Adoption Leave

Employees must:

They do not have to give you proof of the adoption or surrogacy unless you ask for it.

Leave for employees adopting a child from overseas

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

Statutory Adoption Pay

Employees must:

Use the adoption pay calculator to check an employee’s eligibility and work out their matching week, relevant period, notice period and adoption pay.

There are special rules for some employee situations, for example if they leave, become sick or if they or their child dies.

Pay for employees adopting a child from overseas

The requirements are the same for employees adopting from overseas, except they must have been continuously employed by you for at least 26 weeks at the start of the week when the pay will begin.

They must also sign form SC6 if they’re adopting with a partner. This confirms they’re not taking paternity leave or pay.

Pay for employees in surrogacy arrangements

The requirements are the same for employees in surrogacy arrangements, except they must have been continuously employed by you for at least 26 weeks up to any day in the 15th week before the baby is due.

If you ask for it, they must also give you proof that they intend to become the baby’s legal parent.

Who cannot qualify

Employees will not qualify for either adoption leave or pay if they:

  • become a special guardian or kinship carer
  • adopt a stepchild or family member
  • adopt privately, for example without permission from a UK authority or adoption agency
View a printable version of the whole guide

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