Am I entitled to redundancy pay?

You are entitled to statutory redundancy pay if you have worked for your employer for at least 2 continuous years. The amount depends on your age, length of service and weekly pay, capped at £751 per week.

What is unfair dismissal?

Unfair dismissal occurs when your employer dismisses you without a fair reason or without following a fair procedure. You need 2 years of service to claim, reducing to 6 months from January 2027.

When is statutory sick pay paid?

Statutory Sick Pay (SSP) is now paid from Day 1 of illness following the Employment Rights Act 2025. The current rate is £123.25 per week for up to 28 weeks.

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👨‍👩‍👧 Foster Care, Adoption & Surrogacy Guide

Foster Care, Adoption & Surrogacy: Your Legal Rights in 2026

Growing your family through fostering, adoption or surrogacy? This guide explains the legal rights and entitlements that apply — including adoption leave, statutory pay, parental orders and employer obligations.

✅ Last verified: July 2026📚 Sources: GOV.UK, ACAS🏴󠁧󠁢󠁥󠁮󠁧󠁿 England, Wales & Scotland

⚖ Know Your Rights at a Glance

Adoption leave: 52 weeks total for the primary adopter, mirroring maternity leave. The other adopting parent gets paternity leave.
Statutory Adoption Pay (SAP): £194.32/week for up to 39 weeks (first 6 weeks at 90% of average weekly earnings).
Foster carers have no statutory adoption leave rights as employees, but may have contractual entitlements — check with your fostering agency.
Surrogacy: The intended parents are not the legal parents at birth. A parental order from the family court transfers legal parenthood to the intended parents.
Parental order: Must be applied for within 6 months of birth. Once granted, the surrogate's parental rights end and a new birth certificate is issued.
Protection from dismissal: Taking adoption leave is protected in the same way as maternity leave — detriment or dismissal linked to adoption leave is automatically unfair.

Adoption leave and pay

The primary adopter is entitled to 52 weeks of adoption leave and Statutory Adoption Pay (SAP) for up to 39 weeks:

First 6 weeks: 90% of average weekly earnings
Weeks 7–39: £194.32 per week

The other adopting parent (in a couple adoption) can take paternity leave — from 6 April 2026, this is a day-one right. Foster-to-adopt placements can also trigger adoption leave rights in some circumstances.

Surrogacy and parental orders

In UK surrogacy, the surrogate (and her partner if married/civil partnered) are the legal parents at birth. The intended parents must apply for a parental order from the family court to become the legal parents.

Key rules for parental orders:

Apply within 6 months of birth
At least one intended parent must be domiciled in the UK
The child must be living with the intended parents
The surrogate must consent freely after 6 weeks from birth
No commercial payment to the surrogate (reasonable expenses only)

Once granted, a parental order cannot be revoked. The surrogate's parental status ends and a new birth certificate is issued naming the intended parents.

Foster carers' rights

Foster carers are not employees of the local authority or fostering agency — they are approved carers. This means they do not have statutory employment rights like adoption leave or Statutory Adoption Pay.

However, foster carers may have contractual entitlements set out in their fostering agreement. Check with your fostering service provider. Some employers have policies supporting employees who are also foster carers.

If you are an employee who is also a foster carer, speak to your employer about flexibility. While there is no legal right to paid leave for fostering, unpaid parental leave (18 weeks per child) may apply where you have parental responsibility.

Notify your employer early

For adoption leave, notify your employer within 7 days of being matched with a child (or as soon as reasonably practicable).

Obtain the matching certificate

Your adoption agency will provide a matching certificate — your employer will need to see this to confirm entitlement to SAP.

Apply for a parental order promptly if using surrogacy

The 6-month window from birth is strict. Contact a family solicitor as soon as the baby is born to begin the process.

Check your employer's enhanced adoption policy

Many employers offer enhanced adoption pay above SAP. Check your staff handbook.

Seek specialist legal advice for surrogacy

Surrogacy law is complex. Always instruct a solicitor experienced in surrogacy and family law before entering any arrangement.

👨‍👩‍👧 Check Your Adoption & Surrogacy Rights

Describe your situation and get personalised guidance on adoption leave, surrogacy law or parental rights.

Use the Free Checker →

Frequently asked questions

Do I qualify for adoption leave?

You qualify if you're an employee matched with a child for adoption. You need to have been employed for at least 26 weeks by the week you were matched.

Can both adopters take adoption leave?

No — only one adopter can take adoption leave. The other can take paternity leave (now a day-one right from April 2026) and potentially shared parental leave.

What happens if the adoption falls through?

If the placement is disrupted, adoption leave and pay may continue for a period. The rules are complex — contact ACAS or Citizens Advice for advice specific to your situation.

Is commercial surrogacy legal in the UK?

No. Commercial surrogacy (paying the surrogate beyond reasonable expenses) is illegal in the UK. Altruistic surrogacy (covering genuine expenses) is legal, but the arrangement is not legally enforceable as a contract.

What if my employer refuses to recognise my adoption leave?

Refusing to grant adoption leave is a breach of your statutory rights. Raise a formal grievance and contact ACAS. If unresolved, you can bring an employment tribunal claim.

Can I take time off to attend court for a parental order?

There is no specific statutory right to time off for court hearings related to a parental order. However, you could request annual leave, or ask your employer for unpaid leave. Some employers have supportive policies.

Are foster carers self-employed?

Foster carers are generally not employed or self-employed in the traditional sense — they are approved carers. Fostering allowances are usually tax-free up to the qualifying care relief threshold. Speak to HMRC or an accountant for your specific position.

📞 Free help and support

ACAS: 0300 123 1100

Citizens Advice: 0800 144 8848

Coram Family & Law (surrogacy): 020 7520 0300

Adoption UK: adoptionuk.org — support and guidance for adopters

⚠ Important disclaimer: This guide covers adoption, surrogacy and foster care law in England and Wales as at July 2026. Scotland and Northern Ireland have some separate provisions. This guide provides general legal information only — not legal advice. Always verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Free UK Legal Rights Guidance. Not a law firm.