SC struck down the 3-month cap on maternity leave for adoptive mothers

the Supreme Court of India has held that motherhood under the law cannot be determined by the age of a child at the time of adoption, striking down a provision that denied maternity leave to women adopting children older than three months.

A bench of the Court ruled that the three-month cut-off created an “artificial distinction” between adoptive mothers. It emphasized that women adopting older children are “similarly situated” in terms of their caregiving responsibilities, emotional bonding, and parental duties.

Key Ruling

• The Court declared that all adoptive mothers, irrespective of the child’s age, are entitled to maternity benefits.
• It held that a mother who adopts a child “shall be entitled to maternity leave of 12 weeks from the date the child is handed over to her.”

Legal Background

The restriction originated from provisions under:

• Maternity Benefit Act, 1961
• Code of Social Security, 2020

These laws had extended maternity benefits to adoptive mothers but limited eligibility to those adopting children below three months of age, effectively excluding many women.

Court’s Observation

The Court noted that the intent of the law was to:

• Support women’s participation in the workforce
• Recognize caregiving responsibilities of adoptive mothers

However, the age restriction defeated this purpose by excluding mothers who adopt older children.

Existing Maternity Benefit Framework

Under the Code of Social Security (Successor of Maternity Benefit Act, 1961):

• A woman must have worked at least 80 days in the preceding 12 months to be eligible.
• Maternity benefits are paid at the average daily wage for the leave period.
• Maximum maternity leave is 26 weeks, with up to 8 weeks before expected delivery.
• Earlier, adoptive mothers (for children below 3 months) and commissioning mothers (via surrogacy) were entitled to 12 weeks of leave.

Significance

This ruling is seen as a major step toward:

• Eliminating discrimination between biological and adoptive mothers
• Promoting child welfare and bonding, especially for older adopted children
• Strengthening women’s labour rights and inclusivity in adoption laws

Sources: (PIB & Indian Express)