Statutory Adoption Pay
When you take adoption leave, you might also be eligible for Statutory Adoption Pay (SAP). This article provides a detailed breakdown of SAP, eligibility requirements, how much you can expect to receive, and where to go for more information.
What is Statutory Adoption Pay?
Statutory Adoption Pay (SAP) is a payment made by employers to their employees who adopt a child and are on adoption leave. It’s paid in the same way as your wages (for example monthly or weekly). Tax and National Insurance will be deducted. Agency workers may also be entitled to SAP. If you are not employed or an agency worker, you cannot get SAP.
SAP is paid for a maximum period of 39 weeks. If you qualify for SAP, you can receive it whether or not you intend to return to work for your employer.
In addition to SAP, your employer may pay you enhanced adoption pay (sometimes called ‘occupational’ or ‘contractual’ adoption pay), which might have different conditions and may be closer to the amount of your normal wage. Your employer does not have to pay more than SAP, unless you have a contractual right to extra pay, but they cannot pay you less than SAP if you are eligible for it.
Am I eligible for Statutory Adoption Pay?
To qualify for SAP, you have to satisfy two basic rules:
- the continuous employment rule
- the earnings rule
You must also tell your employer when you want your SAP to start.
The continuous employment rule
You must have been employed by your employer for a continuous period of at least 26 weeks before the week that you are notified that you have been matched with a child for adoption.
Continuous employment usually means employment by the same employer without a break.
The earnings rules
Your average gross weekly earnings must be at least equal to the lower earnings limit for National Insurance (NI) purposes. In tax year 2026/27, this is £129 per week.
As a general rule, your earnings will be averaged over a period of at least 8 weeks up to and including the last pay day before the week that you are matched with a child.
There is no equivalent of Maternity Allowance if you do not earn enough to get Statutory Adoption Pay. You might qualify for Universal Credit instead, but this takes into account your whole household income and savings. If you are on a reduced income during your adoption leave, regardless of whether you are entitled to Statutory Adoption Pay you might find our page on what you can claim during paid statutory or unpaid family leave helpful.
How much is Statutory Adoption Pay?
SAP is paid for 39 weeks:
During the first six weeks, you will receive 90% of your average pay. This is based on your earnings during the eight weeks or two months before your qualifying week (the ‘relevant period’).
During the remaining 33 weeks, you will receive the flat rate (£194.32 per week April 2026/27) or 90% of your average earnings, whichever is lower.
If you are adopting as a couple, SAP is only available to the nominated adopter who is taking adoption leave. The other partner may be entitled to Statutory Paternity Pay (Adoption).
How to give notice for Statutory Adoption Pay
To get SAP, you need to confirm the dates of expected placement and when you want your SAP to start, in writing if your employer requests it, and:
- State in writing that you want to receive SAP rather than Statutory Paternity Pay (if you are adopting jointly with a partner).
- Supply documents from the adoption agency that confirm the facts about the adoption, including when the child is expected to be placed with you, and when you were informed about this.
- For intended parents in surrogacy arrangements, provide a statutory declaration that you have applied or intend to apply for a parental order with another person (within 14 days of your employer requesting to see it), and that you expect the court to make the order.
You should give notice for SAP 28 days before you want your pay to start, or as soon as reasonably practicable. It is usually convenient to give notice for adoption leave and pay at the same time.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.