Leave and pay when you have a child through surrogacy

Telling your employer you’re having a child through surrogacy

You must tell your employer no later than the 15th week before your baby is due that you intend to take adoption leave. 

You must tell your employer:

  • the expected week of childbirth 
  • when you want your leave to start 

Where possible, you should give your employer at least 28 days’ notice of the date you want your adoption pay to start. 

It’s a good idea to provide this information in writing.

How your employer must respond

After you’ve told your employer, they must:

  • reply in writing
  • reply within 28 days
  • confirm the date your adoption leave will run to 

Telling your employer sooner

You can tell your employer sooner if you wish. Having an early and informal conversation can:

  • be a good opportunity for you and your employer to talk about when you’d prefer to take leave
  • help your employer plan for your leave 

Your employer might also offer you support and you could discuss your flexible working options with them. 

Find out how to make a flexible working request.

Giving proof of surrogacy

Proof is not needed for adoption leave or pay unless your employer asks for it.

If they do, you must tell your employer in writing that in the 6 months after the child’s birth you:

  • have applied for a parental order 
  • intend to apply for a parental order 

Time off for pregnancy-related appointments

The person carrying the baby will be entitled to time off to attend pregnancy-related ('antenatal') appointments.

As the intended parent, you can get unpaid time off to attend 2 antenatal appointments with the person giving birth.

If you're in a couple, only one of you can accompany the person giving birth to the antenatal appointments. You should decide between yourselves who that will be.

If you choose to take time off during working hours, you have the right to take up to 6 and a half hours off work per appointment. 

Your employer cannot ask for proof of the appointment. They might ask for a written declaration, which you must sign, to confirm that you’re taking time off to go to an antenatal appointment.