Website of the UK government

Who is eligible for statutory adoption leave and pay

If you are adopting from overseas there are differences in the qualifying criteria and date when you can begin your adoption leave, but your rights to leave and pay are the same as if you were adopting within the UK.

To qualify for statutory adoption leave you must:

• be the child’s adopter
• have worked for your employer continuously for at least 26 weeks by the time you wish to start your adoption leave
• have received official notification confirming the central authority has, or is prepared to, issue a certificate confirming you are eligible to adopt and have been assessed and approved as being a suitable adoptive parent

To qualify for statutory adoption pay you must also earn more than the lower earnings limit for National Insurance contributions (currently £90 a week).

You should tell your employer that you intend to take statutory adoption leave and pay within seven days of receiving official notification of the adoption. This is when you receive notification that the central authority is prepared to issue a certificate or has issued the certificate.

If you are adopting a relative from overseas you can also qualify for adoption leave and pay if you have been assessed and approved as being a suitable adoptive parent.

• Find out more information on adoption

Starting your adoption leave

You may choose to start your leave and pay from the date your adoptive child enters the country or from a pre-agreed date up to 28 days later.

You should tell your employer:

• the date you received official notification
• the date the child is expected to enter the country
• the date you would like your adoption leave and pay to start (you must give your employer 28 days notice of this) 

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offer free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas (Advisory, Conciliation and Arbitration Service)

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

• Labour Relations Agency

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Citizens Advice Bureau

If you're a member of a trade union you can get help, advice and support from them.

• Introduction to trade unions

More useful links

• Parental leave and flexible working
• Intercountry adoption
• Advice for employers about adoption leave and pay from Business Link Opens new window
• Detailed guidance on overseas adoption for employees resident in Northern Ireland from the Department for Employment and Learning (DELNI) Opens new window
• Advice for employers in Northern Ireland on managing paternity and adoption leave and pay Opens new window