Adoption leave and pay

Notification and confirmation of adoption leave - surrogacy cases

The employee must:

  • Give their employer the correct notice. Notice of entitlement to adoption leave must be given by the 15th week before the expected week of birth (and must be in writing, if requested).
  • If requested by the employer, provide a statutory declaration that they have obtained or have applied for, or intend to apply for a Parental Order in respect of the child they are having with the help of a surrogate.
  • Provide the employer with the actual date of birth as soon as reasonably practicable after the birth.

Confirmation of SAL

You must respond to the employee's notification of the date they wish their SAL to start (the second notification stage) within 28 days, confirming the date their SAL will end. Download our model adoption leave surrogacy acknowledgement letter (DOC, 136K).