If you’re working and you adopt a child, you can usually take paid time off work when the child first joins your family. This is called Statutory Adoption Pay and Leave.
What is Statutory Adoption Leave?
Did you know?
Some employers have more generous adoption leave schemes than the statutory one. Check your employment contract or staff handbook for details, or ask your employer.
If you’re adopting or having a child through surrogacy, you might be entitled to 52 weeks’ leave from work if you’re an employee.
Find out what your legal employment status is, so you know the rights you’re entitled to.
If your partner is adopting a child, you may be able to take paternity leave.
If you’re adopting the child together, only one of you can take adoption leave - the other might be able to take paternity leave.
To qualify for adoption paternity leave, you must:
be the second adoptive parent (in a couple) or the partner of the adopter
have worked for your employer for at least 26 weeks by the time you’re told about the match
be responsible for raising the child.
You’re considered a partner if you live with the adopter in a relationship (not as a close relative).
Find out more about paternity leave and shared parental leave in our guide Paternity leave and pay
Telling your employer about adoption leave
Tell your employer within seven days of being matched with a child (or as soon as you can).
In surrogacy, you must give notice by 15 weeks before the baby is due.
Let them know:
when the child is expected to arrive
when you want your adoption leave to start (this can be up to 14 days before placement, or the day the child arrives).
In surrogacy, leave starts the day the baby is born.
Also, tell them the baby’s birth date as soon as you can.
It’s best to give notice for adoption leave and pay at the same time.
If you want to return early (before the full 52 weeks), you must give eight weeks’ notice.
Keeping in Touch (KIT) Days
You can work up to 10 days during adoption leave without losing pay or ending leave.
KIT days are optional and must be agreed with your employer.
You can’t be forced to work or demand work.
You may work for another employer or be self-employed if you were already doing this before matching.
Protection from redundancy
If you’re an employee on maternity or adoption leave, you’re entitled to 18 months of protection from redundancy. You are protected from the date of your expected birth or date of adoption.
If you’re taking six weeks of continuous shared parental leave, you’re also protected for 18 months from redundancy. Find out more about managing discriminationOpens in a new window on ACAS.
If the adoption doesn't go ahead
If the child isn’t placed, returns to the agency, or dies, your leave and pay end eight weeks later (or earlier if your leave/pay period ends sooner).
Let your employer know you’re returning to work as soon as the placement is disrupted.
If the child isn’t placed and you haven’t started leave, you can’t take adoption leave or pay.
For more details, see Working FamiliesOpens in a new window
What is Statutory Adoption Pay?
Statutory Adoption Pay is the legal minimum your employer should pay you when you’re on adoption leave.
This table shows how much you’ll get at each stage of adoption leave for the 2025/26 tax year:
| Statutory Adoption Leave | Statutory Adoption Pay |
|---|---|
|
First six weeks |
90% of your average weekly earnings before tax |
|
The next 33 weeks |
£187.18 per week or 90% of your average weekly earnings (whichever is less) |
|
The next 13 weeks |
Unpaid |
Are you eligible?
To get Statutory Adoption Pay, you must:
- earn at least £125 a week on average before tax
- have worked for your employer for at least 26 weeks by the week you’re matched with a child (or the 15th week before the due date if you’re using a surrogate)
- give your employer at least 28 days’ notice that you want to stop work and tell them when you want your adoption pay to start (at least 15 weeks’ notice if you’re using a surrogate)
- give your employer proof of adoption (for example, the matching certificate).
To work out when to claim your leave, use the adoption leave plannerOpens in a new window on GOV.UK
Find out how to claim adoption pay and leaveOpens in a new window on GOV.UK
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:
- If you intend to apply for a parental orderOpens in a new window – find out more on GOV.UK.
- expect the order to be granted (for example because you don’t 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 can’t get both.
Find out more about paternity leave and payOpens in a new window on GOV.UK
You’re fostering for adoption
If you qualify for adoption pay and leave, you’ll receive them from when the child comes to live with you.
Exceptions
You don’t 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 don’t qualify for Statutory Adoption Pay
Your employer must give you form SAP1 explaining why you can’t get Statutory Adoption Pay.
You might get support from your local council to find out about other financial support which might be available to adopters.
Find your local council:
- in England, Wales and Scotland,Opens in a new window on GOV.UK.
- in Northern Ireland,Opens in a new window on nidirect.
- It’s a good idea to save some money to help cover your expenses while you’re off work caring for your new baby. You might also want to think about using your annual leave instead.
Find out more in our guide Budgeting when you’re pregnant.
If you think your employer isn’t being fair
What if your employer doesn’t think they need to give you adoption pay, or you feel they’re not paying you the right amount?
- Find out if what’s happening is discrimination(Opens in a new window) ,visit Citizens Advice
- Talk to your employer. You might be able to resolve it informally. If you’re not sure where to start, Acas can help (Opens in a new window), or try speaking to your trade union or employer’s rep if you have one
- Find out more on Citizens Advice, if you’re unable to resolve the issue, you can make a written complaint (Opens in a new window)Opens in a new window
