Adoption Leave and Pay: A Practical Guide to Time Off When a Child Comes Home (England, Scotland and Wales)

Families grow through adoption and surrogacy as well as birth, and the workplace rights that go with them are similar but not identical. This guide sets out what GOV.UK says about Statutory Adoption Leave and Statutory Adoption Pay, who qualifies and the notice deadlines that matter most. It follows GOV.UK’s guidance for England, Scotland and Wales. GOV.UK’s paternity guidance points readers in Northern Ireland to nidirect for different rules, so anyone there should check that source rather than rely on this article. It is general information, not advice on an individual employment contract.

What the entitlement is

GOV.UK says that when a person takes time off to adopt a child, or to have a child through a surrogacy arrangement, they might be eligible for Statutory Adoption Leave and Statutory Adoption Pay, and may also be eligible for Shared Parental Leave and Pay. Employment rights are protected while on Statutory Adoption Leave, including the right to pay rises, to build up holiday and to return to work (GOV.UK, “Adoption pay and leave”).

The leave

Statutory Adoption Leave is 52 weeks, made up of 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave. Only one person in a couple can take adoption leave, and the other partner could get paternity leave instead. A person who gets adoption leave can also get paid time off to attend five adoption appointments after being matched with a child. Leave can start:

• up to 14 days before the date the child starts living with the adopter, for UK adoptions;
• when the child arrives in the UK, or within 28 days of that date, for overseas adoptions; or
• on the day the child is born or the day after, where a surrogate has been used.

The employer must be told within 28 days if the placement date, or UK arrival date, changes, and at least eight weeks’ notice is needed to change the return-to-work date (GOV.UK, “Adoption pay and leave: Leave”).

The pay

Statutory Adoption Pay is paid for up to 39 weeks: 90% of average weekly earnings for the first six weeks, then £194.32 or 90% of average weekly earnings, whichever is lower, for the next 33 weeks. It is paid in the same way as wages, with tax and National Insurance deducted, and starts when the adoption leave starts. An employer’s own scheme may pay more but cannot offer less than the statutory amount (GOV.UK, “Adoption pay and leave: Pay”). The £194.32 figure is the 2026 to 2027 rate. GOV.UK’s rates and thresholds page for employers gives the same weekly figure for Statutory Adoption Pay and says the rates apply from 6 April 2026 (GOV.UK, “Rates and thresholds for employers 2026 to 2027”).

Who qualifies

There are separate tests for leave and for pay. For leave, a person must be an employee, give the correct notice and give proof of the adoption or surrogacy if the employer asks. For pay, GOV.UK adds that the person must have been continuously employed by the employer for at least 26 weeks by the week they were matched with a child, must earn on average at least £129 a week before tax, must give the correct notice and must give proof. Overseas adoptions and surrogacy arrangements have their own timing rules, and adopting from overseas with a partner requires form SC6, which confirms the partner is not taking paternity leave or pay.

GOV.UK lists situations that do not qualify for Statutory Adoption Leave or Pay: a private adoption, becoming a special guardian or kinship carer, adopting a stepchild, and adopting a family member. If an employee is not eligible for pay, the employer must give form SAP1 explaining why, and the person may get support from their local council instead when adopting (GOV.UK, “Adoption pay and leave: Eligibility”).

How and when to claim

Within seven days of being matched with a child, the employee must tell the employer how much leave they want, the leave start date and the date of placement. The employer can ask for this in writing and for proof of the adoption, and must confirm the leave start and end dates within 28 days. For pay, the employee must give at least 28 days’ notice of when the pay should start, and the employer must confirm within 28 days how much will be paid and when. If the employer decides the person is not eligible, it must give form SAP1 within seven days of that decision, with reasons.

Proof of adoption must show the employee’s name and address and the agency’s, the match date, such as a matching certificate, and the placement date, such as a letter from the agency. Overseas adoptions need additional proof, including the official notification and the child’s arrival date in the UK. Parents using a surrogate must tell the employer the due date and leave start date at least 15 weeks before the expected week of birth and may be asked for a statutory declaration about applying for a parental order (GOV.UK, “Adoption pay and leave: How to claim”).

Planning around the rest of the family admin

Partners may look at paternity leave and Shared Parental Leave. Child Benefit is a separate claim; see claiming Child Benefit.

Questions readers often ask

Can both adopters take adoption leave?

GOV.UK says only one person in a couple can take adoption leave. The other partner could get paternity leave instead.

The bottom line

Statutory Adoption Leave gives eligible employees 52 weeks off, and Statutory Adoption Pay pays up to 39 weeks, at 90% of average earnings for six weeks and then £194.32 a week or 90% of earnings if lower, for 2026 to 2027. The deadlines that matter most are telling the employer within seven days of being matched and giving 28 days’ notice for pay. Some routes, including private adoption and adopting a stepchild or family member, are excluded.

Sources

• GOV.UK, “Adoption pay and leave”
• GOV.UK, “Adoption pay and leave: Leave”
• GOV.UK, “Adoption pay and leave: Pay”
• GOV.UK, “Adoption pay and leave: Eligibility”
• GOV.UK, “Adoption pay and leave: How to claim”
• GOV.UK, “Rates and thresholds for employers 2026 to 2027”