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鈥檙e adopting a child from overseas
You must also sign form SC6 if you鈥檙e adopting from overseas with a partner. This confirms you鈥檙e 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 拢123 a week (before tax)
- give the correct notice
- give proof of the adoption or surrogacy
If you usually earn an average of 拢123 or more a week, and you only earned less in some weeks because you were paid but not working (鈥榦n furlough鈥�) under the Coronavirus Job Retention Scheme, you may still be eligible.
Pay if you鈥檙e adopting a child from overseas
The requirements are the same if you鈥檙e 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鈥檙e adopting from overseas with a partner. This confirms you鈥檙e not taking paternity leave or pay.
Pay if you鈥檙e in a surrogacy arrangement
The requirements are the same if you鈥檙e 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鈥檚 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鈥檙e 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鈥檙e fostering for adoption
If you鈥檙e eligible for adoption pay and leave, you鈥檒l 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鈥檙e 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鈥檙e adopting a child.