Adoption Pay and Leave: The Rules and the Primary Adopter Choice

Adoption leave is maternity leave’s mirror with different trigger dates and one strategic choice couples must make early: who is the primary adopter. The rules, the fostering-to-adopt and surrogacy extensions, and the timing mechanics.

Who qualifies, and the primary adopter choice

The leave is a day-one right for employees newly matched with a child by an adoption agency, including fostering-for-adoption placements, and for parents in surrogacy arrangements who expect a parental order. In a couple, only one person takes adoption leave - the other takes paternity leave - and the choice is binding once notices are given. The primary adopter should usually be whichever partner has the stronger enhanced-pay policy or the weaker SPL position, not automatically the higher earner.

The pay

Unlike maternity, there is no adoption equivalent of Maternity Allowance: fail the pay tests and the statutory position is unpaid leave, which makes checking employer enhancement and timing the placement notification more important.

Timing: matching, placement and notice

• Notice: within 7 days of being notified of the match, tell your employer the placement date and intended leave start.
• Leave can start up to 14 days before the expected placement date, or on the placement day itself.
• Overseas adoptions run from the child entering the UK; surrogacy leave starts the day of the birth.
• Paid time off for up to 5 adoption appointments (6.5 hours each) applies before placement for the primary adopter; the secondary adopter gets 2 unpaid appointments.

Worked example: choosing the primary adopter

A couple is matched in September. Partner A earns more but their employer pays statutory only. Partner B’s employer pays 12 weeks at full salary for adoption leave. Making B the primary adopter captures the enhanced 12 weeks; A takes 2 weeks of paternity leave at £194.32, and the couple later converts the remaining weeks into Shared Parental Leave so A can take a block in the spring. Running both employers’ policies side by side before serving notice is the single highest-value hour in adoption leave planning.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

How much is adoption pay in 2026?

90% of average weekly earnings for 6 weeks, then £194.32 a week (or 90% if lower) for 33 weeks, from 6 April 2026 - subject to the 26-week service and £129 earnings tests.

Can both partners take adoption leave?

No. One partner takes adoption leave; the other takes paternity leave, and the couple can convert unused weeks into Shared Parental Leave to share the year.

Does fostering count for adoption leave?

Fostering-for-adoption placements qualify from the placement, but ordinary fostering does not carry adoption leave rights.

Do surrogate parents get adoption leave?

Intended parents expecting a parental order qualify: one takes the adoption-leave equivalent from the birth, the other paternity leave.

Is there an adoption version of Maternity Allowance?

No. If you fail the service or earnings tests for Statutory Adoption Pay, the statutory fallback is unpaid leave - employer policy is the only route to money.

When do I have to tell my employer?

Within 7 days of being notified you have been matched, covering the placement date and when you want leave to begin.

Sources

• GOV.UK: Adoption pay and leave
• GOV.UK: Benefit and pension rates 2026 to 2027
• ACAS: Adoption leave and pay