Leave and pay when you have a child through surrogacy

Planning your adoption leave

For UK and overseas surrogacy arrangements, you can start adoption leave from the birth or the day after the birth.

To work out the dates for your adoption leave, you can use the adoption leave planner on GOV.UK

Holiday entitlement

You still build up (‘accrue’) your holiday entitlement as normal during adoption leave, even if this means carrying it forward into a new holiday year. 

This means you could return to work with a lot of holiday to take. So it’s a good idea to agree with your employer before you go on adoption leave how you’re going to take your holiday.

If your employer agrees, you can add holiday to the beginning or end of your adoption leave.

Changing the date you start your adoption leave 

If you want to delay starting your your adoption leave, you must tell your employer at least 28 days before the date it's currently due to start.

If you want to start your adoption leave earlier than planned, you must tell your employer at least 28 days before the date you want to change it to.

If your baby arrives early

If your baby is born earlier than expected or is premature, your adoption leave starts straight away.

You’ll need to let your employer know as soon as you can. You can ask your partner, a friend or a family member to do this for you if you need to.

You do not have to give your employer any formal evidence, but your workplace might have a policy that needs you to contact them as soon as possible.

Working during adoption leave

You can choose to work for up to 10 days during your adoption leave without it affecting your leave or pay. These are called keeping in touch (KIT) days. 

You can use a KIT day to keep up to date with your workplace and to help you return to work. 

It’s up to you to agree with your employer:

  • if you want to work KIT days
  • how many KIT days you want
  • what type of work you’ll do on the days
  • how much you’ll get paid for the work

Half or part days worked still count as a full KIT day.

If you work more than 10 KIT days, your adoption leave and pay automatically ends by law.