Question 1

Am I eligible for Statutory Adoption Pay?

Accepted Answer

To qualify for SAP you must have been continuously employed by the same employer for at least 26 weeks by the week you are notified of the match (for domestic adoption) or by the date the child enters the UK (overseas adoption). Your average weekly earnings must be at least £125 (the 2026/27 Lower Earnings Limit). SAP is not available for step-parent adoptions or standard foster placements, but does apply to fostering to adopt arrangements.

Question 2

How is Statutory Adoption Pay calculated?

Accepted Answer

SAP is paid for up to 39 weeks in two stages: the first 6 weeks at 90% of your average weekly earnings with no upper cap, followed by up to 33 weeks at the lower of £194.32 or 90% of your AWE. Your AWE is based on gross pay in the eight weeks before the matching week. At £600/week earnings for example: first 6 weeks = £540/week, remaining 33 weeks = £194.32/week (cap applies). Total over 39 weeks: approximately £9,660.

Question 3

Can my partner also take adoption leave?

Accepted Answer

Only the primary adopter can take SAP. The other partner can take Statutory Paternity Leave (up to 2 weeks at £194.32/week or 90% of earnings, whichever is lower). If the primary adopter returns to work early, the remaining weeks of adoption leave and pay can be shared with the partner as Shared Parental Leave  -  up to 50 weeks of leave and 37 weeks of pay in total between you.

Question 4

What is the difference between adoption leave and adoption pay?

Accepted Answer

Adoption leave is the right to take up to 52 weeks off work  -  the first 26 are ordinary adoption leave, the remaining 26 are additional adoption leave. SAP is the pay you receive, and it covers only the first 39 weeks. Weeks 40-52 are unpaid, though you continue to accrue holiday entitlement throughout all 52 weeks. Your job is protected during the entire period and you have the right to return to the same role after ordinary adoption leave.

Question 5

Does SAP apply to fostering to adopt or overseas adoption?

Accepted Answer

Yes to both. Fostering to adopt qualifies for SAP following a 2015 change in regulations  -  the child does not need to have an adoption order in place. For overseas adoption the qualifying rule is slightly different: the 26-week employment test runs to the date the child enters the UK rather than the matching week, and you can start leave on the day of arrival or up to 28 days before.

Question 6

Can my employer offer more than the statutory rate?

Accepted Answer

Yes, and under the Equality Act 2010 it is generally unlawful for an employer to offer enhanced maternity pay without equivalent adoption pay. If your employer's maternity policy gives full pay for 3 months, their adoption policy should too. Check your staff handbook or ask HR  -  particularly if you work in the public sector or for a larger employer with a published parental leave policy. If adoption pay is less generous than maternity pay without justification, you may have grounds to challenge it.

Statutory Adoption Pay Calculator UK 2026/27