Government Response

The Government responded to this petition on Wednesday 2nd February 2022

The Government has no plans to extend adoption pay to self-employed adopters. Local Authorities can make discretionary payments to self-employed adopters who do not qualify for adoption pay.

The Government would like to emphasise how much it values people who come forward to take on the challenging but rewarding role of being an adoptive parent.

Maternity payments, such as Maternity Allowance, are designed to provide a measure of earnings replacement to help pregnant women take time off work in the later stages of pregnancy, and to prepare for and recover from childbirth, in the interests of their own health and wellbeing, and that of their baby. They are not intended to assist with the costs associated with a new child. For this reason, only birth mothers qualify for Statutory Maternity Pay or Maternity Allowance.

The Government recognises that it is crucial to the success of an adoption placement that an adopter takes time off work to care for and bond with their child and that is why employed adoptive parents have broadly the same rights and protections as birth parents. Statutory Adoption Leave is a “day one” employment right - in line with Statutory Maternity Leave. Statutory Adoption Pay is enhanced in the first six weeks for eligible adoptive parents: qualifying adopters are entitled to 90% of their average earnings (with no upper limit) in this period – in line with Statutory Maternity Pay.

So far, the Government has focused on supporting employed adopters as they do not generally have the same level of flexibility over their work as self-employed adopters do. However, since 2010 we have taken a number of other, significant steps to equalise the state benefits provided to the employed and self-employed, including the introduction of the new State Pension which improves outcomes for many self-employed people.

Statutory adoption guidance also says that Local Authorities should consider making a payment - equivalent to Maternity Allowance - in cases where adopters do not qualify for any statutory payment because of their self-employment. This payment is discretionary and means-tested to ensure that resources are targeted at those adopters who need it most, as part of a package of post-adoption support.

Prospective adopters and the child or children that they intend to adopt are also entitled to an assessment of their family’s needs. This includes a whole host of support including discretionary means-tested financial support, advice, information and counselling, and support services.

Additionally, the Government already has provisions in place such as tax credits, child benefit and Universal Credit, which provide support with the cost of raising children.

Department for Business, Energy and Industrial Strategy

Parliamentary Debate

This petition was debated in Parliament on Monday 21st March 2022

See Debate Details