Family & work · UK guide · 2026/27

Adoption pay & leave — the same deal as maternity, and surrogacy counts.

Last verified 11 Jun 2026 · Source GOV.UK + ACAS + HMRC 2026/27 rates · Publisher: CA Capital Limited (company no. 10848369)

Adopting through an agency, fostering to adopt, or becoming a parent through surrogacy? Employees get up to 52 weeks’ Statutory Adoption Leave with 39 weeks of pay — 90% of your earnings for the first 6 weeks (uncapped), then £194.32 a week for the rest (2026/27). The leave itself is a day-one right. Many employers — and plenty of adopters — still don’t know the surrogacy and fostering-to-adopt rules. Here they are, in plain English.

52 weeksStatutory Adoption Leave (day-one right)
39 weeksOf Statutory Adoption Pay
90%Of your earnings — first 6 weeks, no cap
£194.32/wkFlat rate for the other 33 weeks (2026/27)
Do I qualify? → Birth parent? See maternity pay

Leave vs pay — two different tests

RightThe test
Adoption LEAVE (up to 52 weeks)A day-one right for employees — no minimum service. Up to 26 weeks ordinary + 26 weeks additional leave.
Adoption PAY (39 weeks)26 weeks’ continuous service by the week you’re matched with the child, + average earnings of at least £129/week (the Lower Earnings Limit). Paid: 6 weeks at 90% of average earnings (no cap), then 33 weeks at £194.32 or 90% if lower.
  • You must adopt through an adoption agency — private arrangements and most step-parent adoptions don’t qualify.
  • Only one parent in a couple takes adoption leave — you choose which. SAP is taxable and counts as income for Universal Credit.
  • You keep all your normal employment terms during leave, can use up to 10 keeping-in-touch days, and are legally protected from dismissal or detriment for taking it.

The other parent, surrogacy & fostering to adopt

  • Your partner can take paternity leave and pay (2 weeks, splittable) — and you can convert the balance of your adoption leave into Shared Parental Leave to split between you.
  • Surrogacy: intended parents qualify for adoption leave and pay if you expect to apply for a Parental Order within 6 months of the birth and meet the normal tests. Leave starts the day the baby is born; the second intended parent can take paternity leave.
  • Fostering to adopt: leave and pay run from the day the child comes to live with you under the placement — you don’t wait for the formal match or court order.
  • Overseas adoptions qualify too, with different notice and evidence rules — ask your employer early.
Self-employed?There’s no adoption equivalent of Maternity Allowance — a genuine gap in the system. If you’re adopting while self-employed, check what else the household can claim: run the benefits check — UC, Child Benefit and (for under-4s, on a low income) Healthy Start may all apply, and an Adoption Support Fund referral via your agency can help with therapeutic support costs.

How to claim it

  1. Tell your employer within 7 days of being matched (surrogacy: by the 15th week before the due date) — when the child will arrive and when you want leave to start.
  2. Provide proof if asked — usually the matching certificate from the agency (surrogacy: a statutory declaration about the Parental Order).
  3. Your employer confirms your leave dates within 28 days and pays SAP through normal payroll, like wages.
Refused? Two routesThe employer must give the refusal in writing on form SAP1 with reasons. If you think they’re wrong, HMRC’s Statutory Payments Dispute Team can rule against them and order payment — and ACAS (0300 123 1100) advises free on the leave side. Don’t just accept a “we don’t do adoption pay” — it’s statute, not policy.
Do this now

Matched, or expecting a surrogate birth? Diary the 7-day notice window and email your employer today with the placement date and your intended leave start.

Then check the household money around the new arrival — Child Benefit (claim within 3 months), free childcare hours and a full benefits check.

Northern IrelandNI has its own equivalent adoption leave and pay rules (via nidirect) — the structure is the same; check the NI guidance for current details.
Source verification Primary source: GOV.UK adoption pay & leave + ACAS + HMRC rates & thresholds 2026/27 · gov.uk/adoption-pay-leave. Last verified 11 June 2026. Confidence: High — rate matches the HMRC 2026/27 statutory-payments table (same £194.32 as SMP/SPP). Key facts: 52 wks leave (day-one) · 39 wks pay: 6 wks @ 90% uncapped + 33 wks @ £194.32 · 26-wk service + £129 LEL for pay · surrogacy via Parental-Order intent · fostering-to-adopt from placement · SAP1 + HMRC disputes route. Scope: England, Wales & Scotland (NI equivalent via nidirect).

Adoption pay — common questions

How much is adoption pay?

90% of your average earnings (uncapped) for the first 6 weeks, then £194.32 a week — or 90% if lower — for 33 more weeks (2026/27). Same structure and flat rate as maternity pay.

Who qualifies?

Leave: any employee, day one. Pay: 26 weeks' service by the matching week + average earnings of £129+/week, adopting through an agency. Only one parent takes adoption leave; the other can take paternity leave.

Does surrogacy count?

Yes — intended parents who expect to apply for a Parental Order within 6 months of the birth get adoption leave and pay, starting the day the baby is born.

And fostering to adopt?

Yes — leave and pay run from the day the child comes to live with you under the placement, not from the later formal match or order.

My employer refuses — what now?

Get the refusal on form SAP1 with reasons, then dispute it via HMRC's Statutory Payments Dispute Team — they can order payment. ACAS (0300 123 1100) advises free, and the law protects you from dismissal for taking adoption leave.

Sources: Leave and pay structure, eligibility and notice rules · GOV.UK adoption pay and leave + ACAS. 2026/27 flat rate £194.32 + £129 Lower Earnings Limit · HMRC rates & thresholds for employers 2026-27 (same statutory-payments table verified for the SMP/SPP guides). Surrogacy (Parental-Order route) and fostering-to-adopt rules · ACAS + Maternity Action. Disputes · form SAP1 + HMRC Statutory Payments Dispute Team. SortedUK is not HMRC and this is general information, not legal advice. Last reviewed: 11 June 2026.

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