Statutory Adoption Pay and Leave: employer guide

Eligibility

Some employees won’t qualify for both leave and pay.

Statutory Adoption Leave

Employees must:

They don’t have to give you proof of the adoption or surrogacy unless you request it.

Statutory Adoption Pay

Employees must:

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, eg if they leave, become sick or if they or their child dies.

Overseas adoptions

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 worked for you continuously for at least 26 weeks by the 15th week before the week the baby is due.

If you ask, they must give you proof that they intend to become the baby’s legal parent.

Who can’t qualify

Employees won’t 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