How much adoption leave am I entitled to?

You're entitled to up to 52 weeks of adoption leave — 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave. This is the same total as maternity leave. Your job is protected throughout. Only one parent in a couple can take adoption leave — the other may be eligible for paternity leave or shared parental leave.

How much is statutory adoption pay in 2026?

Statutory Adoption Pay (SAP) is paid for up to 39 weeks. The first 6 weeks are paid at 90% of your average weekly earnings with no cap. The remaining 33 weeks are paid at the lower of 90% of your average weekly earnings or the statutory flat rate (check current rates on GOV.UK). The final 13 weeks of leave are unpaid.

Do I get adoption leave for a surrogate baby?

Intended parents in a surrogacy arrangement are not automatically entitled to statutory adoption leave or pay. However, if you are granted a parental order by the court, you may qualify for statutory adoption leave. Some employers offer enhanced surrogacy leave. If not, you could use shared parental leave if eligible.

Can both parents take adoption leave?

No — only one parent in a couple can take adoption leave. The other parent may be eligible for 1–2 weeks of paternity leave and paternity pay, or the couple can share adoption leave using the shared parental leave scheme (up to 50 weeks of leave and 37 weeks of pay between them).

Adoption Leave and Pay Guide UK — Your Rights as an Adoptive Parent | PocketWise

Adoption Leave and Pay Guide UK — Your Rights as an Adoptive Parent

Your rights to adoption leave and pay in the UK, including statutory adoption pay rates, eligibility, how to apply, and how adoption leave compares to maternity leave.

By PocketWise · 26 March 2026 · 4 min read

Adopting a child is a life-changing event, and UK law gives adoptive parents strong rights to time off work and financial support. This guide covers adoption leave, statutory adoption pay, and how it all works.

Adoption Leave Entitlement

Leave type	Duration	Detail
Ordinary Adoption Leave	26 weeks	Day 1 right — no qualifying period
Additional Adoption Leave	26 weeks	Immediately follows Ordinary Leave
Total	52 weeks	Same as maternity leave

Key Points

Only one parent in a couple can take adoption leave — the other can take paternity leave
Adoption leave is a day 1 right — no minimum service required
You’re protected from unfair dismissal for taking adoption leave
Your job is protected — you have the right to return to the same (or equivalent) role

Who Qualifies

Adoption Leave

Requirement	Detail
Employee status	Must be an employee (not self-employed or a worker)
Matched by adoption agency	UK or intercountry adoption via approved agency
Only one parent	If adopting as a couple, one takes adoption leave, the other may take paternity leave
Fostering to adopt	Qualifies from the date the child is placed

Statutory Adoption Pay (SAP)

Requirement	Detail
Employed for 26 weeks	By the week you’re matched with a child
Earning enough	Average weekly earnings above the Lower Earnings Limit
Correct notice	Told your employer within 7 days of being matched
Proof of adoption	Matching certificate from adoption agency

Statutory Adoption Pay Rates

Period	Rate
Weeks 1–6	90% of your average weekly earnings (no cap)
Weeks 7–39	Lower of 90% of average weekly earnings or the statutory flat rate
Weeks 40–52	Unpaid

Check GOV.UK for the current statutory flat rate, which is updated each April.

Enhanced Adoption Pay

Many employers offer enhanced adoption pay above the statutory minimum. Check your employee handbook or ask HR.

When Adoption Leave Can Start

Situation	Earliest start date
UK adoption	Up to 14 days before the child is placed with you
Overseas adoption	When the child arrives in the UK (or up to 28 days before)
Fostering to adopt	When the child is placed with you

You can choose your start date, but it must be no later than the date the child is placed.

Adoption vs Maternity Leave

Feature	Adoption Leave	Maternity Leave
Total leave	52 weeks	52 weeks
Pay (weeks 1–6)	90% of earnings	90% of earnings
Pay (weeks 7–39)	Statutory rate	Statutory rate
Unpaid (weeks 40–52)	Yes	Yes
Start date	Up to 14 days before placement	Up to 11 weeks before due date
Partner leave	Partner gets paternity leave	Partner gets paternity leave
Shared parental leave	Yes	Yes

The rights are essentially identical in terms of leave length and pay rates.

What Happens to Your Job

Right	Detail
Return to same role	After Ordinary Adoption Leave (first 26 weeks)
Return to same or suitable alternative	After Additional Adoption Leave
Terms and conditions preserved	Salary rises, pension contributions continue
Redundancy protection	Priority for suitable alternative roles if redundancy occurs during leave
Unfair dismissal protection	Cannot be dismissed for taking adoption leave
KIT days	Up to 10 Keeping in Touch days during leave (optional, paid)

Shared Parental Leave (Adoption)

If you don’t need all 52 weeks, you can share the leave with your partner:

Feature	Detail
Total shareable leave	Up to 50 weeks (52 minus 2 weeks compulsory adoption leave)
Total shareable pay	Up to 37 weeks of statutory pay
Flexibility	Can take in blocks, with gaps, or simultaneously
Both parents can be off together	Yes
Notice required	8 weeks before each block of leave

Time Off for Adoption Appointments

Who	Entitlement
Main adopter	Paid time off for up to 5 adoption appointments
Secondary adopter	Unpaid time off for up to 2 appointments

How to Apply

Steps for the Employee

Tell your employer in writing within 7 days of being matched
Provide the date the child is expected to be placed
State when you want your adoption leave to start
Provide a matching certificate from the adoption agency
Give 28 days’ notice before your leave starts (or as soon as reasonably practical)

What Your Employer Must Do

Confirm your leave dates and return date in writing within 28 days
Continue to pay SAP if you’re eligible
Maintain your contract terms throughout leave
Ensure your role (or equivalent) is available when you return

Financial Planning for Adoption

Consideration	Detail
SAP is modest	After the first 6 weeks, pay drops significantly — budget accordingly
Save in advance	Aim for 3–6 months of expenses saved before leave
Check enhanced pay	Many employers pay more than the statutory minimum
Benefits	You may be eligible for Child Benefit, Universal Credit, Tax-Free Childcare
Adoption allowances	Local authorities may provide financial support for adopters
Partnership agencies	Some offer grants for adoption-related costs

Summary

Detail	Info
Total leave	52 weeks
Paid weeks	39 weeks
Day 1 right	Yes (for leave — 26 weeks’ service needed for pay)
Only one parent	One takes adoption leave; partner gets paternity leave
Job protected	Yes — same role or equivalent on return
Shared parental leave	Available — share up to 50 weeks