Some employees will not qualify for both leave and pay.
Statutory Adoption Leave
They do not have to give you proof of the adoption or surrogacy unless you request it.
Statutory Adoption Pay
- have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child
- be on your payroll and earn at least £116 a week in an 8-week period - the ‘relevant period’
- give you the correct notice
- give you proof of the adoption or surrogacy
Calculate an employee’s matching week, relevant period, notice period and adoption pay using the maternity and paternity calculator.
There are special rules for some employee situations, for example if they leave, become sick or if they or their child dies.
The conditions are the same, except the employee:
- must have ‘official notification’ (permission from a UK authority) that they can adopt from abroad
- must fill in the declaration on form SC6 if they’re adopting a child with their partner
Form SC6 confirms they’re not taking paternity leave or pay.
Employees in surrogacy arrangements
The conditions are the same, except to qualify for Statutory Adoption Pay the employee 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, they must 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
- adopt a family member or stepchild
- adopt privately, for example without permission from a UK authority or adoption agency