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HMRC internal manual

Statutory Payments Manual

Statutory Adoption Pay (SAP): general information - evidence of entitlement to SAP

Evidence of matching - adoption under UK law

To support their claim to SAP and leave, the employee must give their employer documentary evidence that they have been matched with a child for adoption. The employee will be given this evidence by the adoption agency and this will be either a Matching Certificate or a letter using the adoption agency’s headed paper.

The evidence must contain:

  • the name and address of the adoption agency
  • the employee’s name and address
  • confirmation that they are the adopter or joint adopter
  • the date on which the child is expected to be placed, or where the child has been placed, the date they were placed
  • the date the adoption agency told the adopter that they had been matched with a child for adoption.

Legislation

Regulation 24 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.

Regulation 24 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

Adoption from abroad

Official Notification

If a person is adopting a child from abroad they need official notification from the relevant domestic authority.

This will confirm that the authority is prepared to send, or has sent, a certificate of eligibility to the relevant overseas authority responsible for the adoption. This certificate confirms that the adopter has been assessed and approved as suitable as an adoptive parent.

The employee needs to keep the original document so the employer should take a copy for their records.

The employee is required to tell their employer that they have received Official Notification within set time limits. See SPM130400.

Form SC6 Self certificate of entitlement

If the employee is adopting a child from abroad with their partner, they must declare that they are not also claiming SPP.

Form SC6, SAP and adoption leave when adopting from abroad is available on GOV.UK.

If their partner claims SPP they will have to make a similar declaration to their employer that they are not claiming SAP.

Date of entry

The employee must also give the employer evidence of the date the child entered the UK. This could be a plane ticket or copies of entry clearance documents.