Adoption leave applies to employees whose child is matched for adoption or born through a surrogacy arrangement.  This page will guide employees and managers through the organisation and management of adoption leave, providing an overview of what to expect and consider before, during and at the end of adoption leave at the Council. 

If you are the Primary Adopter or Parental Order Parent (for Surrogacy) – this is the person who takes adoption leave and receives adoption pay (where applicable) and would be the parental order parent in the case of surrogacy – then the buttons below enable you to click into key information as you need it at different stages of your adoption leave and also provides links to relevant forms. 

Before Adoption Leave     During Adoption Leave     End of Adoption Leave 

Adoption Leave (Teaching and Non-Teaching)

Qualification

Entitlement

If you have less than 26 weeks’ continuous service* by the matching week or expected week of birth for surrogacy:

You wil not be entitled to SAP or OAP but you may be entitled to clai benefits through Jobcentre Plus.

If you have 26 weeks’ continuous service* or more by the matching week or expected week of birth for surrogacy and your average weekly earnings are equal to or ore than the lower earnings limit for National Insurance contributions: 

You will be entitled to OAP and SAP for a maximum period of 39 weeks as follows:-

  • For the first 6 weeks you will get 90% of your average weekly earnings (which is the same rate as Statutory Adoption Pay).
  • For the following 12 weeks you can get a sum equal to 50% of your normal pay (this is optional and you can choose whether or not to receive this money ).  In addition you will get the flat rate of SAP or 90% of your average weekly earnings, whichever is less.  The maximum amount you can receive for these 12 weeks is your normal full pay.
  • For the following 21 weeks you will get the flat rate of SAP (or 90% of your average weekly earnings if this is less than the flat rate of SAP).
  • The remaining 13 weeks of adoption leave, if taken, would be without pay.

If you have 26 weeks’ continuous service* or more by the matching week or expected week of birth for surrogacy but your average weekly earnings are less than the lower earnings limit for National Insurance contributions:

You will not be entitled to SAP but you may be entitled to claim benefits through Jobcentre Plus.

You will be entitled to OAP as follows:-

  • For the first 6 weeks you will get 90% of your normal pay (which includes any benefits received from Jobcentre Plus.
  • For the following 12 weeks you can get a sum equal to 50% of your normal pay (this is optional and you can choose whether or not to receive this money – see notes below for further details).  The maximum amount, including any benefits received from Jobcentre Plus, you can receive for these 12 weeks is your normal full pay. 
  • The remaining 34 weeks of your adoption leave, if taken, would be without pay.

Click here for the full Adoption Guidance.

Click on the buttons below for additional information for both employees and managers.

Employee Adoption Checklist     Adoption FAQ’s     Information for Managers 

If you are the Secondary Adopter or Partner of the Parental Order Parent (for Surrogacy) – this is the Primary Adopter’s or Parental Order Parents partner – then you may be entitled to Paternity Leave and Pay.

If you are the secondary adopter, you are entitled to take unpaid time off during working hours to attend up to 2 pre-adoption meetings, and each meeting may last up to 6.5 hours.

If you are having a child through a surrogacy arrangement and intend to apply for a parental order to become one of the child’s legal parents, you have the right to unpaid time off work to accompany the birth mother to up to 2 antenatal appointments.

You should give your Line Manager as much notice of these meetings as possible and wherever possible such meetings should take place at the start or end of the working day.

You might also be interested in

Paternity Leave

Shared Parental Leave

Flexible Working

Employee Benefits

Other useful sources of information

Plan your adoption leave

Adoption leave and pay

Child Adoption

Adoption through Aberdeen City Council

Click here to return to the main Family Friendly page.

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