Comparison · Family · 2026/27
Statutory Parental Order Pay vs Statutory Adoption Pay
Statutory Parental Order Pay (SPOP) supports intended parents bringing a child home through surrogacy, while Statutory Adoption Pay (SAP) supports adoptive parents. The two schemes were deliberately designed to mirror each other, using the same weekly rate and structure as Statutory Maternity Pay. This guide compares eligibility, rate and leave length for 2026/27.
TL;DR — 30-Second Summary
- • Same weekly rate: both pay 90% of average weekly earnings for the first 6 weeks, then the lower of 90% or £194.32/week for 2026/27
- • Same maximum: up to 39 weeks paid, out of up to 52 weeks total leave
- • Different trigger: SPOP follows a surrogacy match plus intention to apply for a parental order; SAP follows an adoption match
- • Same qualifying test: 26 weeks' continuous service by the matching week, plus the earnings test
- • Same employer recovery: small employers can usually reclaim 100%+ compensation; larger employers around 92%
At a Glance
| Feature | Statutory Parental Order Pay | Statutory Adoption Pay |
|---|---|---|
| Trigger event | Child born via surrogacy, parental order intended | Match confirmed with an adoption agency (or overseas equivalent) |
| First 6 weeks' rate | 90% of average weekly earnings | 90% of average weekly earnings |
| Remaining weeks' rate | Lower of 90% or £194.32/week | Lower of 90% or £194.32/week |
| Maximum paid weeks | 39 weeks | 39 weeks |
| Total leave available | Up to 52 weeks | Up to 52 weeks |
| Qualifying service | 26 weeks by the matching week | 26 weeks by the matching week |
| Partner's equivalent | Parental Order Paternity Pay / Shared Parental Pay | Statutory Paternity Pay / Shared Parental Pay |
Figures shown are the 2026/27 statutory rates. Only one partner in a couple can claim SPOP or SAP for the same child; the other may be able to claim a partner-equivalent payment.
Why the Two Schemes Mirror Each Other
Parliament designed Statutory Parental Order Pay to give intended parents via surrogacy broadly the same statutory support as adoptive parents, on the basis that both are taking on the care of a new child they did not carry themselves and need comparable time and income protection to bond with and settle the child. Rather than create a wholly separate rate structure, SPOP simply borrows the existing SAP/SMP formula — the same first-six-weeks enhanced rate, the same standard weekly rate, and the same 39-week paid, 52-week total leave structure — so employers administer it using processes they already run for maternity and adoption pay.
Which One Applies to You?
If you are becoming a parent through a surrogacy arrangement and intend to apply for a parental order, you and your partner should check who will claim SPOP and who (if anyone) will claim the partner-equivalent pay, then notify your employers with the required advance notice. If you are adopting a child, the same decision applies between SAP and Statutory Paternity Pay or Shared Parental Pay. Use the maternity/adoption pay calculator to estimate your weekly payments, and see special guardianship allowance vs adoption allowance if you are also weighing up a different type of family arrangement.
Frequently Asked Questions
What is Statutory Parental Order Pay?
Statutory Parental Order Pay (SPOP) is a statutory payment available to an eligible intended parent who is bringing a child into their family through a surrogacy arrangement and intends to apply for (or has applied for) a parental order to become the child's legal parent. It mirrors Statutory Adoption Pay in structure and rate, giving intended parents broadly the same financial support that adoptive parents receive, recognising that surrogacy is another route into parenthood that involves stepping away from work to care for a new child.
What is Statutory Adoption Pay?
Statutory Adoption Pay (SAP) is paid to an eligible employee who is newly matched with a child for adoption, whether through a UK adoption agency or certain overseas adoptions, or who is a local authority foster carer adopting the child they are fostering in some cases. It replaces earnings while the adopter takes adoption leave to bond with and settle the child, following the same first-six-weeks-then-standard-rate structure as Statutory Maternity Pay.
How much is the weekly rate for 2026/27?
Both schemes follow the same statutory formula used for Statutory Maternity, Paternity and Shared Parental Pay. The first six weeks are paid at 90% of average weekly earnings, and the remaining weeks (up to a combined maximum of 39 weeks) are paid at the lower of 90% of average weekly earnings or the standard statutory weekly rate of £194.32 for 2026/27. There is no separate, lower rate for parental order pay or adoption pay — they use the identical figures as Statutory Maternity Pay.
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Who counts as the eligible parent under each scheme?
For a parental order case, only one intended parent in the surrogacy arrangement can be the "parental order parent" claiming SPOP for a given child, while their partner may be able to claim Statutory Parental Order Paternity Pay or Shared Parental Pay instead, similar to how one adoptive parent claims Statutory Adoption Pay and their partner may claim Statutory Paternity Pay or Shared Parental Pay. In both cases the couple must decide and notify their employers who is claiming which type of leave and pay before the child arrives.
Do both schemes require the same length of service to qualify?
Yes. Both SPOP and SAP require the claimant to have been continuously employed by the same employer for at least 26 weeks by the qualifying week (the week the surrogacy match or adoption match is confirmed), and to meet the lower earnings limit for average weekly earnings. Employees who do not meet these tests, including many who are self-employed or between jobs, may instead be able to claim a lower flat-rate benefit through Jobcentre Plus rather than statutory pay from an employer.
Can intended parents take the same length of leave as adoptive parents?
Yes. Both Adoption Leave and the equivalent Parental Order Leave can run for up to 52 weeks, with the first 39 weeks paid at the SAP or SPOP rate described above and the remaining weeks unpaid, mirroring maternity leave entirely. Leave can usually start from the date the child is placed with the adopters, or the date the child is born and comes to live with the intended parents in a surrogacy arrangement, whichever applies.
What happens if the parental order application is refused or withdrawn?
Eligibility for SPOP is based on the intention to apply for a parental order at the time leave and pay begin, not on the order being granted before payments start — a parental order application typically cannot even be made until the child is at least six weeks old. If, exceptionally, the arrangement breaks down entirely or the intended parent never proceeds with an application in circumstances that break the underlying eligibility conditions, an employer may need to reassess entitlement, but a normal processing delay through the family court does not affect payments already made.
How does the employer recover the cost of SPOP or SAP?
Employers recover Statutory Parental Order Pay and Statutory Adoption Pay from HMRC in the same way as other statutory family pay: small employers (whose total Class 1 National Insurance liability falls below the small employers relief threshold) can usually reclaim 100% of the payment plus an additional percentage in compensation, while larger employers typically reclaim 92%. The mechanism and recovery rates are identical across SMP, SPP, SAP and SPOP.
Is there a separate payment for intended parents who do not qualify for SPOP?
Intended parents who do not meet the continuous employment or earnings tests for SPOP, including many self-employed intended parents, cannot claim statutory pay from an employer but may be able to access other support such as Universal Credit while on unpaid Parental Order Leave, or negotiate contractual pay with their employer if their contract is more generous than the statutory minimum. Always check current eligibility rules on gov.uk, since surrogacy-related statutory pay is a relatively recent addition to the family-leave framework and guidance is refined periodically.
Do both SPOP and SAP count towards the £30,000 tax-free redundancy threshold if leave overlaps redundancy?
No — SPOP and SAP are simply taxable earnings paid through payroll like ordinary salary, subject to normal Income Tax and National Insurance, and are unrelated to the separate £30,000 tax-free threshold that can apply to a genuine redundancy payment. If an employee is made redundant during Parental Order or Adoption Leave, statutory pay for the weeks already accrued continues to be paid and taxed as normal alongside any separate redundancy payment.
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Disclaimer: This comparison is general educational information, not legal or tax advice. Figures are for the 2026/27 tax year. Surrogacy and parental-order law is a specialised area — always check gov.uk and seek independent legal advice for your specific arrangement.