Adoption leave UK: entitlement, pay and employer planning

Only one person in a couple can take adoption leave. The other may qualify for paternity leave instead. Adoption leave normally requires employee status, correct notice and proof if requested; it does not use the same service test as statutory pay.

The person taking adoption leave can have paid time off for five adoption appointments after being matched with a child. Keep appointment absence distinct from the main leave period so the record reflects what actually happened.

For 2026/27, SAP pays 90% of average weekly earnings for the first six weeks. The following 33 weeks are paid at £194.32 or 90% of average weekly earnings, whichever is lower. Payment goes through payroll, with tax and National Insurance deductions.

For a UK adoption, pay normally requires 26 weeks of continuous employment by the matching week and average weekly earnings of at least £129. Overseas adoption and surrogacy have different timing tests. Check the exact route, notice and evidence before confirming entitlement.

For a UK adoption, leave can start up to 14 days before the child starts living with the employee. For an overseas adoption it can begin on arrival in the UK or within 28 days. For an eligible surrogacy arrangement it can start on the day of birth or the following day.

GOV.UK sets notice requirements for a changed placement date and at least eight weeks' notice for a changed return date. Some arrangements, such as private adoption or adopting a stepchild, do not qualify for statutory adoption leave or pay. Check eligibility rather than assuming every care arrangement is covered.

Holiday continues to build up during adoption leave. Plan how it will be used and carried over where family leave prevents it being taken in the current leave year.

Create separate milestones for the start of leave, changes in pay and the planned return. If statutory pay is unavailable, provide the required SAP1 explanation while checking any company support.