Adoption Leave and Pay in the UK: Your Complete Guide for 2026/27

What Is Statutory Adoption Leave?

Statutory Adoption Leave is the legal right for eligible employees to take up to 52 weeks off work when they adopt a child. It mirrors maternity leave in structure and provides similar pay through Statutory Adoption Pay (SAP).

Only one parent in a couple can take adoption leave — the other parent may be eligible for paternity leave or shared parental leave.

Who Qualifies for Adoption Leave?

To qualify for statutory adoption leave, you must:

•Be an employee (not a worker or self-employed)

•Have been matched with a child for adoption by an approved adoption agency

•Have given your employer proper notice

Important: Adoption leave is a day-one right — you don't need any minimum length of service to take the leave itself. However, you do need qualifying service for the pay (see below).

Who Is Covered?

Adoption leave applies to:

•Domestic adoptions through a UK adoption agency

•Overseas adoptions (with some different rules)

•Foster-to-adopt placements (from when the child is placed)

•Surrogacy arrangements (if you obtain a parental order)

How Much Is Statutory Adoption Pay?

Statutory Adoption Pay (SAP) is paid for 39 weeks at exactly the same rates as SMP:

•First 6 weeks: 90% of your average weekly earnings (no cap)

•Remaining 33 weeks: £194.32 per week (2026/27) or 90% of AWE if lower

Eligibility for SAP

To qualify for the pay, you need:

•26 weeks' continuous employment with the same employer by the week you're matched with a child

•Average weekly earnings of at least £129 (the Lower Earnings Limit)

If you don't qualify for SAP, you may be eligible for Maternity Allowance — contact the DWP for advice.

When Can Adoption Leave Start?

•UK adoption: Leave can start from 14 days before the expected placement date or from the date of placement

•Overseas adoption: Leave can start from the date the child enters the UK or up to 28 days before the expected date of entry

You choose when your leave starts, as long as it's within these windows.

How to Claim Adoption Leave and Pay

Step 1: Notify Your Employer

Within 7 days of being matched with a child, tell your employer:

•That you've been matched

•The expected date of placement

•When you want your adoption leave to start

Step 2: Provide Evidence

Your employer can ask for proof of the adoption, such as:

•A matching certificate from the adoption agency

•The date of placement (or expected placement)

Step 3: Receive Confirmation

Your employer must confirm your adoption leave and pay entitlement within 28 days of your notification.

Adoption Leave vs Maternity Leave

Adoption leave and maternity leave are very similar in structure. Both provide 52 weeks of total leave with 39 paid weeks. The pay rates are identical — 90% of your average weekly earnings for the first 6 weeks, then £194.32/week (or 90% of AWE if lower) for the remaining 33 weeks. Both require 26 weeks' qualifying service for pay (though leave itself is a day-one right), and both offer 10 Keeping in Touch (KIT) days.

The main differences are:

•There is no compulsory adoption leave — you can return to work at any time

•Adoption leave can start before the placement (up to 14 days early)

•Only one parent can take adoption leave — the other gets paternity leave

Shared Parental Leave for Adoptive Parents

Adoptive parents can use Shared Parental Leave in the same way as birth parents. The primary adopter can curtail their adoption leave to create shared leave that both parents can take.

This means you can:

•Share up to 50 weeks of leave and 37 weeks of pay

•Take leave at the same time or separately

•Take leave in blocks

Adoption and Workplace Rights

During adoption leave, your rights are the same as during maternity leave:

•Your employment contract continues

•You accrue annual leave as normal

•Employer pension contributions continue at your full salary level during paid leave

•You're protected from unfair dismissal and detriment

•You have the right to return to the same job (if 26 weeks or less) or a suitable alternative

Financial Planning for Adoption

Use our calculators to plan your finances:

•Maternity Pay Calculator — calculates SAP at the same rates as SMP

•Take-Home Pay Calculator — see your after-tax adoption pay

•Child Benefit Calculator — claim from the date of placement

Related Guides

•Shared Parental Leave Guide — sharing leave with your partner

•Benefits During Maternity Leave — what else you can claim

•Financial Planning for Maternity — budgeting for reduced income