Adoption pay and leave
Eligibility
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.