Adoption pay and leave
How to claim
The rules are slightly different if you鈥檙e adopting from overseas or you鈥檙e having a child through a surrogacy arrangement.
Statutory Adoption Leave
Within 7 days of being matched with a child you must tell your employer:
- how much leave you want
- your leave start date
- the 鈥榙ate of placement鈥� - the date the child is placed with you
Your employer can ask for this in writing and for proof of the adoption.
Your employer must confirm your leave start and end dates within 28 days.
Use the planner to work out when you must claim your adoption leave.
Statutory Adoption Pay
Tell your employer you want to stop work to adopt a child and when you want your Statutory Adoption Pay to start. You must give them at least 28 days鈥� notice. They can ask for this in writing and for proof of the adoption.
Your employer must confirm within 28 days how much Statutory Adoption Pay you鈥檒l get and when it will start and stop.
If they decide you鈥檙e not eligible, they must give you form SAP1 within 7 days of making their decision and explain why.
Proof of adoption
You must give your employer proof of adoption to qualify for Statutory Adoption Pay. Proof is not needed for Statutory Adoption Leave unless they request it.
The proof must show:
- your name and address and that of the agency
- the match date - for example the matching certificate
- the date of placement - for example a letter from the agency
- the relevant UK authority鈥檚 鈥榦fficial notification鈥� confirming you鈥檙e allowed to adopt (overseas adoptions only)
- the date the child arrived in the UK - for example a plane ticket (overseas adoptions only)
Overseas adoptions
Tell your employer the date of your 鈥榦fficial notification鈥� and when you expect the child to arrive in the UK. You must usually do this within 28 days of getting the notification.
You can only take longer if you鈥檝e worked for your employer for less than 26 weeks. Tell them within 28 days of the Sunday in your 26th week.
You must also tell them:
- the actual date the child arrives in the UK - within 28 days of this date
- how much leave you want and your start date - giving your employer 28 days鈥� notice
Surrogacy arrangements
If you use a surrogate to have a baby, tell your employer the due date and when you want to start your leave at least 15 weeks before the expected week of birth. They may ask for this in writing.
Your employer may also ask for a written statement (鈥榮tatutory declaration鈥�) to confirm you鈥檝e applied or will apply for a parental order in the 6 months after the child鈥檚 birth. You must sign this in the presence of a legal professional.