Surrogacy and Parental Order Leave/Pay UK 2026: What Intended Parents Get
Intended parents through surrogacy can access adoption-style leave and pay once they apply for a parental order — here's how eligibility, notice, and pay work, and where the gaps are.
Why surrogacy leave mirrors adoption leave
Intended parents through a surrogacy arrangement are not the birth parents in the legal sense (the surrogate remains the child's legal mother at birth, and her spouse or civil partner, if she has one, is generally treated as the second legal parent until a parental order changes this). Because of this, UK employment law gives intended parents access to a version of the adoption leave and pay framework, rather than maternity leave, since the intended parent did not give birth.
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Eligibility for surrogacy-related statutory leave and pay generally requires the intended parent to:
- Intend to apply for, or have already applied for, a parental order in respect of the child.
- Meet the general adoption leave/pay eligibility conditions that would otherwise apply to an adopter (length of service and earnings tests for the pay element).
- Be one of a couple (or in some structures, a single intended parent) recognised under the relevant surrogacy and parental order legislation.
Leave and pay structure
| Feature | Primary intended parent (adoption-style) | Second intended parent |
|---|---|---|
| Maximum leave | Up to 52 weeks | Up to 2 weeks (paternity-style) |
| Paid weeks | Up to 39 weeks | Up to 2 weeks |
| Pay rate | 90% of average weekly earnings for first 6 weeks, then lower of 90% or £194.32/week (2026/27) for remaining paid weeks | Lower of 90% of average weekly earnings or £194.32/week (2026/27) |
| Qualifying service (for pay) | 26 weeks' continuous service by the relevant qualifying week | 26 weeks' continuous service by the relevant qualifying week |
Statutory Paternity Pay Calculator
Calculate UK statutory paternity pay 2026/27 (£194.32/week or 90% of average pay) plus enhanced employer top-up.
Open Paternity Pay calculatorHow the "primary" intended parent is decided
As with adoption, the couple generally decides between themselves which of them will take the primary (longer) leave, similar to how adoptive parents make this choice — it doesn't have to align with which partner is genetically related to the child (if either is), and can be split or shared in some circumstances via Shared Parental Leave once the primary leave is curtailed.
Notice requirements
Intended parents generally need to give their employer notice of their intention to take surrogacy-related adoption leave, along with evidence of their situation (this can include matching certificates or other confirmation from the surrogacy arrangement, similar to the "matching certificate" used in domestic adoption), within broadly similar notice windows to standard adoption leave.
Where the framework has gaps
- International surrogacy arrangements can involve additional complexity around immigration status and the timing of when a child can travel to the UK, which interacts with, but is separate from, the employment leave rules.
- Employers unfamiliar with surrogacy arrangements sometimes mistakenly apply maternity leave rules, or refuse leave pending a parental order — intended parents may need to signpost their employer to gov.uk guidance on adoption leave and pay for surrogacy.
- Enhanced (contractual) family leave policies vary significantly between employers in how explicitly they address surrogacy — check your specific employer's policy rather than assuming the statutory minimum is all that's on offer.
Practical tips
- Notify your employer as early as reasonably possible, referencing the adoption leave and pay framework specifically for surrogacy.
- Gather any available documentation about the surrogacy arrangement and intended parental order application to support your notice.
- Decide between intended parents who will take the primary (up to 52-week) leave, and which will take the shorter partner leave.
- Check your employer's family leave policy for any enhanced (above-statutory) surrogacy-specific provisions.
Use the maternity pay calculator and paternity pay calculator as a starting point to estimate statutory pay for each intended parent's leave.
Frequently asked questions
Can intended parents through surrogacy get statutory leave and pay?
Yes. One intended parent (who intends to apply for, or has applied for, a parental order) can qualify for adoption-style Statutory Adoption Leave and Pay, while their partner may qualify for Paternity Leave and Pay, mirroring the rights available to adoptive parents.
What is a parental order and why does it matter for leave?
A parental order is the legal mechanism that transfers legal parenthood from the surrogate (and her spouse/partner, if applicable) to the intended parents after the birth. Eligibility for surrogacy-related statutory leave and pay is generally linked to intending to apply, or having applied, for a parental order.
How much is Statutory Adoption Pay for a surrogacy arrangement?
It follows the same structure as Statutory Adoption Pay generally: 90% of average weekly earnings for the first 6 weeks, then the lower of 90% of average weekly earnings or the standard statutory weekly rate (£194.32 for 2026/27) for the remaining weeks, up to 39 weeks total.
Do intended parents need 26 weeks' service to qualify for adoption-style leave and pay via surrogacy?
For the pay element (Statutory Adoption Pay), yes — 26 weeks' continuous service by the relevant qualifying week, plus average earnings at or above the Lower Earnings Limit, similar to the SMP/SPP test. The right to take the leave itself can, in many cases, be a day-one right.
Can both intended parents take leave at the same time?
Not exactly the same as maternity leave — one intended parent takes the primary adoption-style leave (up to 52 weeks, up to 39 paid), and the other partner can typically take Paternity Leave (up to 2 weeks) or, in some cases, Shared Parental Leave once the primary leave is curtailed, similar to the adoption leave model.
Does surrogacy leave apply before the parental order is actually granted?
Yes, generally. Eligibility is based on intending to apply for a parental order and meeting the other qualifying conditions around the time of the child's birth, not on the parental order having already been granted, since the parental order process itself can take months to complete after the birth.
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