What is Statutory Adoption Pay (SAP)?
Statutory Adoption Pay (SAP) is the legal minimum pay you are entitled to receive from your employer when you take time off work to adopt a child. It is paid for up to 39 weeks and is similar in structure to Statutory Maternity Pay. Whether you are adopting a child from within the UK or from overseas, you may qualify for SAP if you meet the eligibility conditions.
First 6 weeks: 90% of your average weekly earnings
Weeks 7 to 39 (33 weeks): £184.03 per week (or 90% AWE if lower)
Total paid leave: up to 39 weeks
SAP Rate Breakdown
| Period | Duration | Rate |
|---|---|---|
| Phase 1 | Weeks 1–6 | 90% of Average Weekly Earnings |
| Phase 2 | Weeks 7–39 (33 weeks) | £184.03/week (or 90% AWE if lower) |
| Phase 3 (optional) | Weeks 40–52 | Unpaid leave (Additional Adoption Leave) |
Your Average Weekly Earnings (AWE) are calculated over the 8 weeks before the week you were matched with the child. This figure determines both your Phase 1 pay and whether the flat rate or the 90% figure applies in Phase 2.
Who Qualifies for Statutory Adoption Pay?
To receive SAP, all three of the following conditions must be met:
Qualifying Conditions
- Matched with a child: You must be matched with a child through an approved adoption agency (UK domestic adoption) or have received official notification for overseas adoption.
- Continuous employment: You must have worked for the same employer for at least 26 continuous weeks ending with the week in which you are notified of the match.
- Earnings threshold: Your average weekly earnings must be at least £125 per week (the Lower Earnings Limit for 2025/26) over the 8 weeks before the matching week.
Who Does Not Qualify?
- Self-employed people — SAP is only for employees. Self-employed adopters may be able to claim Maternity Allowance in some circumstances; check with HMRC.
- Those who have not completed 26 weeks of continuous employment by the matching week
- Those earning below the Lower Earnings Limit of £125 per week
- Foster parents (unless the fostering is part of a "foster to adopt" arrangement)
Adoption Leave Entitlement
SAP covers up to 39 weeks of Ordinary Adoption Leave. You can also take an additional 13 weeks of Additional Adoption Leave (unpaid), giving you up to 52 weeks of leave in total — the same as maternity leave.
When Can Adoption Leave Start?
UK Domestic Adoption
Leave can start from the date the child is placed with you, or up to 14 days before the expected placement date. You choose when to start.
Overseas Adoption
Leave can start on the date the child enters the UK, or up to 28 days before. You must have received your official notification of the match.
Notifying Your Employer
You must tell your employer within 7 days of being matched with a child and provide your Matching Certificate or official notification. Give at least 28 days' notice of your intended start date.
Your Rights During Adoption Leave
While on Adoption Leave your employment rights are fully protected:
- Your job is protected — you have the right to return to the same role (or a suitable alternative in some circumstances)
- You continue to accrue annual leave
- Your pension contributions continue to be made by your employer based on your normal pay, not your SAP rate
- You can work up to 10 "Keeping in Touch" (KIT) days without losing SAP
- Any pay rises during your leave must be factored into your pay calculations
Enhanced Adoption Pay
Many employers — particularly in the public sector, education, and larger corporations — offer enhanced adoption pay that is more generous than the statutory minimum. This might include full pay for the first few months or an enhanced flat rate. Check your employment contract or staff handbook to see what your employer offers.
Shared Parental Leave for Adoptive Families
After the primary adopter has taken at least 2 weeks of Adoption Leave, the remaining leave and pay can be converted into Shared Parental Leave (ShPL) and Shared Parental Pay (ShPP). This allows both parents to share up to 50 weeks of leave and up to 37 weeks of pay, giving families great flexibility in how they care for their newly adopted child.