Adoption Leave and Pay

The primary carer in an adoption or surrogacy arrangement is eligible to take adoption leave has the same entitlements as maternity leave

Adoption

The adopter ie the person who has been matched with the child for adoption is eligible for adoption leave and pay

If you have been matched jointly:

• Only one of you can choose to claim adoption leave and pay

• The other may be entitled to partner/paternity pay and leave and shared parental leave and pay

The adoption must be arranged either:

• Through an adoption agency in the UK or

• Involve UK authorities for an adoption from abroad

Surrogacy

You will be eligible for adoption leave and pay if:

• You are the primary carer

• You qualify and plan to apply for a Parental Order after your child is born 

If you are applying for a Parental Order with a partner, they may be entitled to partner/paternity pay and leave and shared parental leave and pay

Surrogates

Every pregnant employee has the right to 52 weeks’ maternity leave and to return to their job after this

What a surrogate does after the child is born does not affect their right to maternity leave

Please see section on maternity leave here

• Adoption leave entitlements and conditions are the same as for maternity leave.

• You are eligible to receive up to 52 weeks adoption leave.

• The amount of pay will depend on your length of service within the NHS and the Trust.

If you have 12 months of continuous NHS service, your pay will likely look like this: 

• This represents the combination of OAP + SAP

Adoption

As soon as possible after registration that adoption has been accepted

Trusts should be aware that prospective adoptive parents may have very little advance warning

Surrogacy

You need to inform your manager at least 15 weeks before the due date of the baby of the following:

• When the baby is due

• When you want your leave to start

Here is a link to an excel document which you can use to help work out your return-to-work date

Please also confirm your dates with your HR department!

This calculator is designed as a guide, not gospel!

If you are on parental leave, you will still have an ARCP

• All you need to do for it is submit an up to date Form R

• You will receive a “Not Assessed” ARCP outcome which will confirm why you haven’t been assessed

  • This is just so HEE records can be kept up to date

For information on how parental leave may impact your training posts, and how rotating between training posts affects your parental leave and pay, click here.

BMA - Adoption and Surrogacy 

Gov.uk - Adoption 

Acas - Adoption

Gov.uk - Surrogacy

Acas - Surrogacy