Adoption Leave and Pay

To be eligible for statutory adoption leave you must be an employee. There is no minimum length of service required for the basic right to leave (it is available from day one), though Statutory Adoption Pay requires 26 weeks' continuous service by the week of being matched with a child.

Adoption leave applies to:

• Domestic adoptions through a UK adoption agency
• Overseas adoptions (slightly different notice rules apply)
• Surrogacy (where a parental order or adoption order is sought — the rules are complex)

The leave is 52 weeks in total — the first 26 weeks are ordinary adoption leave (OAL), and the remaining 26 are additional adoption leave (AAL). Leave can start up to 14 days before the expected placement date (for domestic adoptions) or on the date the child enters the UK (for overseas adoptions). Only one parent can take adoption leave — the other can take paternity leave or share parental leave.

Statutory Adoption Pay (SAP) is paid for up to 39 weeks at the following rates:

• First six weeks: 90% of average weekly earnings
• Remaining 33 weeks: The lower of the flat statutory rate (£194.32 per week in 2025/26 — check the current rate on GOV.UK) or 90% of average weekly earnings

To qualify for SAP you must have at least 26 weeks of continuous employment by the end of the week in which you are notified of being matched with a child, and must earn above the lower earnings limit. Employers can reclaim SAP from HMRC (small employers can reclaim 103% — recovering administration costs as well).

Your employer may offer enhanced adoption pay above the statutory minimum — check your employment contract or maternity/adoption policy.

During adoption leave, you retain most contractual rights except for pay. You continue to accrue holiday, pension contributions should continue (at the employer's normal contribution level based on your normal pay), and you must be kept informed of any relevant workplace developments.

You have the right to up to 10 Keeping in Touch (KIT) days during adoption leave — working days on which you can attend work (for training, team meetings, or other activities) without bringing your leave to an end. These are agreed between you and your employer.

On returning from up to 26 weeks of ordinary adoption leave, you have the right to return to the same job. After additional adoption leave (weeks 27–52), you have the right to return to the same job or, if that is not reasonably practicable, a suitable and appropriate alternative on no less favourable terms.