The Supreme Court of India held on Tuesday that adoptive mothers cannot be denied maternity leave based on the age of the child, affirming that adoption is equal to biological parenthood in the eyes of the law.
The court declared that maternity protection is a basic human right and stressed that families formed through non-biological means deserve the same legal recognition and support.
Law Restricting Leave Termed Unconstitutional
A bench comprising Justice JB Pardiwala and Justice R Mahadevan struck down Section 60(4) of the Code on Social Security, 2020 as unconstitutional.
The provision had limited maternity benefits to women adopting children below three months of age or to commissioning mothers, granting them 12 weeks of leave from the date the child was handed over. The court ruled that such a restriction was arbitrary and failed to recognise the realities of adoptive parenting.
‘Adoption Is an Equally Valid Pathway’
Delivering the judgment on a writ petition, the bench observed that biological ties alone do not define a family.
“Although biology has traditionally been the predominant lens through kinship, adoption is an equally valid pathway. It is not biology that constitutes, it is the shared meaning,” the court said, underscoring that an adopted child is no different from a biological one.
The judges also noted that the responsibilities and emotional commitments of adoptive mothers remain the same, regardless of the child’s age, and the earlier classification ignored these crucial aspects.
12 Weeks’ Leave for All Adoptive Mothers
Following the ruling, adoptive mothers will now be entitled to 12 weeks of maternity leave from the date of adoption, irrespective of the child’s age.
Under existing provisions of the Maternity Benefit Act, 1961, eligible women are entitled to 26 weeks of paid maternity leave, with 12 weeks typically allocated to the post-pregnancy period. Until now, adoptive mothers could access this benefit only if the adopted child was under three months old.
Court Calls for Paternity Leave Framework
In a significant observation, the court also urged the Centre to consider introducing a statutory framework for paternity leave as part of broader social security measures.
At present, there is no uniform law governing paternity leave in the private sector. While government employees are entitled to 15 days of paid paternity leave, access in private employment depends largely on individual company policies.
