Adoption and surrogacy
Adoption and surrogacy leave
The rules and conditions around adoption leave is detailed and multifaceted as it can be taken with a mixture of paternity and shared parental leave.
If you're thinking of, or in the process of, adopting, or have recently adopted a child, please ensure you read the full adoption and surrogacy scheme (download document). The information on this website only gives a very short and limited summary.
Adoption and surrogacy leave entitlement
All employees, regardless of length of service, have a right to 26 weeks of:
- Ordinary Adoption Leave (OAL)
- Additional Adoption Leave (AAL)
This entitles them to 52 weeks leave in total. AAL runs immediately from the end of OAL.
You must give the correct notice and be classed as an employee to qualify. You also need to be:
- the child’s adopter or surrogate parent
- newly matched with a child by an approved adoption agency
- fostering a child under the 'Fostering to Adopt' scheme
Furthermore, you'll have notified the agency that you agree that the child should be placed with you and agree with the date of placement.
If you're a couple who are adopting jointly. one of you must be the primary adopter and able to take adoption leave. The other of you will be able to take paternity leave or shared parental leave.
If you're going to be a surrogate parent you'll also be required to provide the HR and Payroll Transactions team with a written statement (statutory declaration) to confirm that you intend to apply for a parental order in the six months after the baby’s birth.
For more information around surrogacy paperwork please read the full details of the adoption and surrogacy scheme (download below).
Adoption and surrogacy pay qualification and notification
If you qualify for adoption and surrogacy leave, you may also be entitled to adoption and surrogacy pay.
There are two forms of pay:
- statutory adoption pay (SAP)
- local government occupational adoption pay
The standard rate of SAP is reviewed annually.
View standard SAP rate - GOV.UK
If adopting, you qualify for SAP if:
- you have at least 26 week’s continuous employment by the end of the notification / qualification week which is the day you were matched with a child
- in the eight weeks leading up to the date you were notified, have earnings which exceed the national insurance lower earnings limits
- you stop working for the purpose of adopting a child
If you're in a surrogacy arrangement, you qualify for SAP if you have:
- at least 26 weeks continuous employment by the 15th week before the baby is due
- earnings which exceed the national insurance lower earnings limits
When adopting you must give 28 days notice that you wish to be paid SAP, unless the time between being matched and placed is less than that.
If you have less than 26 weeks’ continuous service, by the end of the notification week (for adoption) or if your earnings are below the national insurance lower earnings limit, you will not be entitled to SAP.
If you do not qualify for SAP, the HR and Payroll Transactions team will provide you with SAP1 form outlining why you're not eligible.
If adopting you should then contact the adoption agency for advice on what financial support you may be eligible to receive.
Please read the adoption and surrogacy scheme (download below) for more information.
How much adoption and surrogacy pay you get
For employees with one year of service at the end of the notification week, regardless of hours of work, the scheme provides 52 weeks adoption leave with 39 weeks pay as follows:
- first six weeks at 90 per cent average earnings (higher rate SAP) with statutory adoption pay offset
- then 33 weeks at statutory adoption pay (standard rate) dependent on entitlement
- in addition, 12 weeks occupational adoption pay at half pay (paid during weeks 7 to 18)
Employees with more than 26 weeks continuous service at the end of the notification week, regardless of hours of work will have an entitlement to:
- 52 weeks adoption leave
- 39 weeks statutory adoption pay (dependent on entitlement)
Employees with less than 26 weeks continuous service at the end of the notification week, regardless of hours of work will have an entitlement to 52 weeks adoption leave.
Read the adoption and surrogacy scheme (download below) for more information.