Statutory Adoption Pay and Leave: employer guide

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Proof of adoption

Employees must give you proof of adoption to qualify for Statutory Adoption Pay. Proof is not needed for Statutory Adoption Leave unless you ask for it.

For adoption, the proof must show the:

  • name and address of the agency and employee
  • date the child was matched, for example the matching certificate
  • expected or actual date of placement, for example a letter from the agency
  • relevant UK authority’s ‘official notification’ confirming the parent is allowed to adopt (overseas adoptions only)
  • date the child arrived in the UK, for example a plane ticket (overseas adoptions only)

You must keep records of the proof.

Surrogacy arrangements

Proof is not needed for leave or pay unless you ask for it.

If you ask, employees must give you a written statement (‘statutory declaration’) to confirm that they:

  • intend to apply for a parental order in the 6 months after the baby’s birth
  • expect the order to be granted (for example because they do not have any convictions involving children, and the birth mother or father agree to the arrangement)