An eligible employee in Great Britain (England, Scotland or Wales) can take up to 52 weeks of Statutory Adoption Leave. Statutory Adoption Pay (SAP) is a separate payment, usually available for up to 39 weeks if its employment, earnings, notice and evidence rules are met. The start-date and qualification process differs for UK adoption, overseas adoption and surrogacy.
Only one person in a couple takes Adoption Leave
Tell the employer within seven days of matching
SAP has its own eligibility and notice tests
Scope and the two entitlements
This page covers Great Britain. Northern Ireland has separate employment legislation; use the Northern Ireland Adoption Leave and Pay guide for an NI job rather than applying these dates automatically.
Statutory Adoption Leave is an employment right for an eligible employee who gives the required notice. It lasts up to 52 weeks: 26 weeks of Ordinary Adoption Leave followed by up to 26 weeks of Additional Adoption Leave. Statutory Adoption Pay is separate and can be paid for up to 39 weeks. The UK family-pay guide compares statutory payment calculations, while this guide focuses on arranging leave and making the claim.
Only one person in a couple can take Adoption Leave for a placement. The other partner may qualify for Paternity Leave. The Maternity Leave guide covers birth-parent leave, and ordinary Unpaid Parental Leave is a separate child-based right.
Who qualifies for leave and pay?
For Statutory Adoption Leave, you must be an employee, give the correct notice and provide adoption or surrogacy proof if your employer asks for it. The leave right does not have the same 26-week service or earnings test as SAP.
For the usual SAP route, GOV.UK requires at least 26 weeks’ continuous employment by the week you are matched with a child, average weekly earnings of at least £129 before tax, correct notice and proof. Overseas adoption and surrogacy have specific variations to the date when the service test applies and to the documents required. The rules do not cover private adoptions, stepchild adoption, family-member adoption, special guardianship or kinship care. Check the official eligibility page for those boundary cases.
How much pay is available?
Under current GOV.UK guidance, SAP is paid for up to 39 weeks: the first six weeks are 90% of average weekly earnings, followed by up to 33 weeks at the lower of 90% of average weekly earnings or £194.32 a week. It is paid through payroll and subject to tax and National Insurance. An employer may provide a more generous occupational adoption-pay scheme.
The payment usually starts when Adoption Leave starts. If your employer decides you are not eligible, it must give form SAP1 explaining why; you can check the decision route with the employer or HMRC’s Statutory Payment Disputes Team.
Give matching, leave and pay notices
For UK adoptions, tell your employer within seven days of being matched: the planned leave amount, start date and expected placement date. The employer can ask for written notice and proof. It must confirm the leave start and end dates within 28 days.
Give at least 28 days’ notice of the intended SAP start date. The employer can ask for the required adoption evidence, including matching and placement information. If SAP is refused, ask for form SAP1 and review the official eligibility rules. Overseas adoption and surrogacy use different notice dates and evidence; follow the relevant GOV.UK steps before relying on the UK-adoption timeline.
Plan Adoption Leave and pay
- 1Confirm whether your case is UK adoption, overseas adoption or surrogacy; the notice and evidence dates differ.
- 2For a UK agency placement, notify the employer within seven days of matching with the planned leave start and placement date.
- 3Check SAP eligibility separately and give at least 28 days’ notice of the planned pay start date.
- 4Provide matching/placement evidence if requested and obtain the employer’s written leave and pay decision.
- 5Agree any return-date change at least eight weeks ahead and discuss holiday, occupational pay or Shared Parental Leave separately.
Start dates, appointments and changing plans
For a UK adoption, leave can start up to 14 days before the expected placement. For an overseas adoption, it can start when the child arrives in the UK or within 28 days of that date. In a qualifying surrogacy arrangement, leave can start on the day of birth or the following day. Adoption Leave also includes paid time off for up to five adoption appointments after matching, under the GOV.UK overview. The separate adoption appointments guide compares the main and second adopter’s appointment rights and pay in Great Britain and Northern Ireland.
Tell the employer within 28 days if the placement date changes. Give at least eight weeks’ notice to change the return-to-work date. If the placement does not happen or the child arrives earlier than expected, contact the employer promptly to confirm what happens to the leave and pay dates.
Rights during leave and returning to work
Employment protections continue during Statutory Adoption Leave, including holiday accrual and pay rises. You may be able to work up to ten optional Keeping in Touch days under general family-leave rules; confirm the details and payment arrangement with the employer before any work. Eligible parents may end adoption leave and use Shared Parental Leave, but that is a separate process with its own eligibility and notices; see the Shared Parental Leave and Pay guide.
For detailed holiday carry-over and booking rules around maternity leave, see the Great Britain maternity leave holiday guide; check the adoption-specific dates and employer process separately.
If you take up to 26 weeks of Adoption Leave, you normally have the right to return to the same job. After more than 26 weeks, the right is to the same job or, if that is not reasonably practicable, a suitable similar job on the same or better terms. Confirm the return date, accrued holiday and any workplace adoption pay with HR.