Statutory Adoption Pay

Leave and pay use different tests

Adoption leave can be a day-one employee right, but Statutory Adoption Pay has service and earnings conditions. One person in a couple is the primary adopter for these purposes. The other may qualify for paternity rights instead.

Check the family route before choosing the eligibility dates. A UK agency adoption uses the matching week. An overseas adoption and a parental-order surrogacy arrangement use different anchors and evidence. Private adoption, stepchild adoption, special guardianship and most kinship arrangements do not qualify simply because the family uses the word adoption. The official eligibility guidance separates these routes.

Calculate the 39 weeks in two parts

SAP can run for up to 39 weeks. The first six weeks are paid at 90% of average weekly earnings. The following 33 weeks use the current statutory weekly rate or 90% of average weekly earnings, whichever is lower. Tax and National Insurance apply through payroll.

Use the live rate for the relevant tax year. Do not copy this year's amount into an employment contract or policy. The employer guide covers start dates, recovery and special cases.

Do not reuse a UK adoption matching date for an overseas adoption or surrogacy case. The route changes the qualifying and evidence timetable.

Give a clear decision

Record the adoption or surrogacy route, matching or official-notification date, placement, arrival or birth date, relevant earnings period, evidence and intended pay start. Keep the separate adoption-leave decision beside it.

If the person does not qualify, give the required SAP1 form and explain the reason. Do not turn the refusal into a judgement on the adoption arrangement. If SAP ends early, eligible parents may be able to create Shared Parental Leave and Statutory Shared Parental Pay from the unused balance.