How much maternity benefit are adoptive mothers now entitled to?

Adoptive mothers are now entitled to twelve weeks of maternity benefit from the date the child is handed over to them.

Did the Supreme Court discuss paternity leave in its ruling?

Yes, the Supreme Court discussed the need for paternity leave and urged the Union government to consider recognizing it as a social security benefit.

Home / Crime and Justice / Supreme Court Expands Maternity Leave for Adoptive Moms

Supreme Court Expands Maternity Leave for Adoptive Moms

Q: What did the Supreme Court rule regarding maternity leave for adoptive mothers?

The Supreme Court ruled that maternity leave eligibility for adoptive mothers cannot be restricted by the child's age at the time of adoption, striking down the previous three-month age limit.

19 Mar

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Summary

Maternity leave law can no longer depend on child's age at adoption.
Supreme Court struck down the three-month age cut-off for adoptive mothers.
Adoptive mothers are now entitled to twelve weeks of maternity benefit.

Supreme Court Expands Maternity Leave for Adoptive Moms

The Supreme Court has declared that maternity leave eligibility for adoptive mothers cannot be restricted by the child's age at adoption. A recent ruling by Justices JB Pardiwala and R Mahadevan invalidated a rule that denied maternity leave to women adopting children older than three months. The court found this age limit created an "artificial" distinction, as adoptive mothers have identical caregiving roles and responsibilities.

Previously, the Maternity Benefit Act and the Code of Social Security, 2020, offered twelve weeks of maternity leave to adoptive mothers, but only for children under three months old. This condition rendered the benefit practically inaccessible, as adoption processes often take longer than three months. The court emphasized that motherhood begins when a child enters a mother's life, irrespective of biological ties or age.