Adoption leave and pay

If you adopt a child through an approved adoption agency, one adopter can take up to 52 weeks of adoption leave, and it is a day-one right for employees. Statutory Adoption Pay (SAP) mirrors maternity pay: 90 per cent of your average weekly earnings for 6 weeks, then £194.32 a week (or 90 per cent of earnings, if lower) for the remaining 33 weeks. The other adopter can take paternity leave, and the couple can share some of the leave if they prefer.

Who takes adoption leave

When a couple adopts jointly, they choose which of them is the primary adopter. That person takes adoption leave and SAP. The other can take paternity leave of one or two weeks and Statutory Paternity Pay. The choice does not depend on sex, and either partner can be the primary adopter.

Adoption leave also covers:

• children adopted from overseas, with some differences in timing and evidence
• parents in a surrogacy arrangement who apply for, or intend to apply for, a parental order
• “foster to adopt” placements made through an agency

If you are adopting alone, you are the primary adopter.

The leave

Adoption leave is up to 52 weeks, made up of 26 weeks of ordinary and 26 weeks of additional adoption leave, as with maternity. It is a day-one right for employees, so it does not depend on your length of service.

For a UK adoption, leave can start on the day the child is placed with you, or shortly before. You tell your employer once you have been matched with a child, giving the expected placement date and when you want leave to start. Gov.uk sets out the notice deadlines. You will need to provide the matching certificate from the agency as evidence.

Your return-to-work rights are the same as after maternity leave: back to the same job after the first 26 weeks, and the same job or a suitable alternative on no less favourable terms after the full 52.

Statutory Adoption Pay

Weeks	SAP
1 to 6	90% of average weekly earnings
7 to 39	£194.32 or 90% of average weekly earnings, whichever is lower

The eligibility rules follow Statutory Maternity Pay. You need 26 weeks of continuous employment with your employer, measured up to the week you were told you had been matched with a child, and average earnings of at least the lower earnings limit, which is £129 a week for 2026/27. If you do not qualify, your employer should tell you why. Unlike maternity, there is no state allowance for adopters who miss out on SAP, so check your service before the match if you are thinking of changing jobs.

Say you earn £550 a week. Your SAP is £495 a week for 6 weeks, then £194.32 for 33 weeks. The last 13 weeks of leave are unpaid under the statutory scheme.

Public sector adoption schemes

NHS Agenda for Change, the local government Green Book and the Burgundy Book for teachers all treat adoption on the same basis as maternity, so qualifying staff get the same occupational pay structure: a period at full pay, then half pay plus SAP. The same service conditions and return-to-work commitment apply. Read NHS maternity pay or teachers’ maternity pay for how those schemes are built, and your employer’s policy for the details.

Time off before the placement

The adoption process involves meetings with social workers and introductions to the child. Employees adopting through an agency have a statutory right to time off for some pre-adoption appointments. The primary adopter’s time off is paid, and the secondary adopter’s is unpaid. Many public sector employers give more, often as paid special leave. Tell your manager early, because introductions can be intensive and are hard to move.

Sharing leave and going back

The primary adopter can end adoption leave early and convert the rest into shared parental leave, up to 50 weeks of leave and 37 weeks of pay between the couple.

Children placed for adoption often need a longer settling-in period at home, and many adopters ask to return on reduced or different hours. You can make a flexible working request from day one of employment. Your employer must decide within two months and can only refuse for one of the set business reasons. You are protected from detriment and dismissal for taking adoption leave, and ACAS can advise if a problem comes up.