SMP vs Statutory Adoption Pay

Edited by Oliver Wakefield-Smith, Founder of Digital Signet. Last reviewed 23 June 2026.

Direct answer

Identical money, different paperwork

SAP mirrors SMP exactly: 90% of AWE for 6 weeks, then the lower of 194.32 or 90% AWE for 33 weeks, total 39 weeks. The qualifying conditions are slightly different: you need to be matched with a child by an approved adoption agency, and the relevant date is the date you are matched, not 15 weeks before EWC. The other adopter can take Statutory Paternity Pay or Shared Parental Leave/Pay.

Side-by-side

Feature	SMP	SAP
Weeks 1-6 rate	90% AWE	90% AWE
Weeks 7-39 rate	194.32 or 90% AWE	194.32 or 90% AWE
Maximum duration	39 weeks	39 weeks
Qualifying date	End of qualifying week (15 weeks before EWC)	End of week of matching
Continuous service test	26 weeks by end of QW	26 weeks by end of week of matching
Evidence required	MATB1	Matching certificate from adoption agency
Notice deadline	End of qualifying week	7 days after being matched

Who claims SAP

The primary adopter, that is the adopter who has elected to take adoption leave. There is only one primary adopter per placement. The other adopter (joint adoption) can take Statutory Paternity Pay (2 weeks) or Shared Parental Leave and Pay if they meet the eligibility tests.

Overseas adoption

If you are adopting from overseas, modified rules apply. The notice and evidence dates run from the date of the Official Notification or the relevant matching date in the country of origin. SAP starts on the day the child enters Great Britain, or the date you elect within 28 days of that.

Surrogacy

Intended parents in a surrogacy arrangement who plan to apply for a Parental Order can take Statutory Adoption Pay and Leave. The eligibility test is met if you expect to obtain a Parental Order in respect of the child within 6 months of birth.