Answers · UK 2025/26

Should adoptive parents choose Statutory Adoption Pay or Shared Parental Leave?

The primary adopter can take up to 52 weeks of Adoption Leave (39 paid) OR curtail it early and switch some of the remaining leave and pay into Shared Parental Leave (ShPL), splitting time off with their partner. The right choice depends on whether both parents want to share time off flexibly and whether the partner has their own paid paternity entitlement to use first.

Last updated: 1 July 2026Last reviewed: 1 July 2026How we verify

Full answer

Adoptive parents in the UK have two related but distinct options for structuring their leave and pay after a child is placed with them, and choosing between (or combining) them depends on the family's specific circumstances. **Statutory Adoption Pay and Leave -- the default** The primary adopter (the partner who takes the lead adopter role, notified to the employer) is entitled to up to 52 weeks of Adoption Leave, with Statutory Adoption Pay for up to 39 of those weeks (the first 6 weeks at 90% of average weekly earnings, then the remaining weeks at the standard flat statutory rate, or 90% of earnings if lower). This mirrors Statutory Maternity Pay's structure closely. The non-primary adopting partner is separately entitled to Statutory Paternity Pay and Leave (up to 2 weeks), similar to a birth father or second parent. **Shared Parental Leave -- the flexible alternative** If the primary adopter curtails (ends early) their Adoption Leave and Pay, the couple can convert the remaining weeks into Shared Parental Leave (ShPL) and Shared Parental Pay (ShPP), which can then be split and taken flexibly between both parents -- including overlapping periods where both are off together, or alternating blocks, rather than the primary adopter taking the whole 52 weeks alone. **Key factors in choosing** - If only one partner wants to take extended time off (or the other partner's employer offers poor or no ShPL enhancement), sticking with standard Adoption Leave/Pay for the primary adopter plus standard 2-week Paternity Leave/Pay for the other partner is often simplest - If both parents want to share caring time more evenly, or the second parent's employer offers better enhanced pay under their ShPL policy than the adopter's employer offers under Adoption Pay, converting to ShPL can be financially and practically advantageous - ShPL must be notified with specific advance notice periods and can be taken in discontinuous blocks (subject to employer agreement for non-continuous patterns), offering more flexibility than the largely continuous default Adoption Leave structure **Worked example** A couple adopts a child. The primary adopter, Priya, initially plans to take the full 52 weeks of Adoption Leave. After 20 weeks, the couple decides they would prefer to share the remaining time -- Priya curtails her Adoption Leave and Pay at week 20, and the couple converts the remaining entitlement (32 weeks of leave, with however many weeks of pay remain within the 39-week paid total) into Shared Parental Leave, split so that Priya returns to work part-time weeks while her partner takes several discontinuous blocks of Shared Parental Leave to cover school holidays and settling-in periods -- something the rigid default Adoption Leave structure would not have allowed as easily. **Pay comparison matters** Because ShPP is generally paid at only the standard flat statutory rate (no enhanced 90%-of-earnings weeks equivalent to Adoption Pay's first 6 weeks), families should compare the TOTAL pay available under each route, and check whether either employer offers contractual enhancement above the statutory minimum for either Adoption Pay or Shared Parental Pay, since employer enhancements (not statutory minimums) often make the biggest practical difference to which option is more affordable for the family.