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.

The bench highlighted that the rationale behind maternity leave includes physical recovery, bonding, and child integration. For adoptive mothers, the latter two aspects remain crucial and may require significant effort. The ruling specifically addresses the disadvantage faced by adoptive mothers of children with disabilities or those who are single parents, who often wait longer for adoption and bear sole caregiving responsibilities.

Furthermore, the court extended its discussion to paternity leave, noting its absence as a societal issue. It urged the Union government to consider recognizing paternity leave as a social security benefit, acknowledging shared parenthood in a child's holistic development.