In a landmark ruling, the Supreme Court granted 12 weeks of maternity leave to all adoptive mothers, striking down the 3-month age cap and calling it discriminatory under constitutional rights.
All adoptive mothers will now be entitled to 12 weeks of maternity leave
New Delhi: In a landmark judgment, the Supreme Court of India has granted 12 weeks of maternity leave to all adoptive mothers, removing the earlier restriction that limited the benefit to those adopting children below three months of age.
A bench of Justices J. B. Pardiwala and R. Mahadevan held that the age-based condition under Section 60(4) of the Code on Social Security, 2020, was discriminatory and violated constitutional guarantees of equality and dignity.
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The court ruled that the provision failed to meet constitutional standards, stating that adoption is an equally valid form of parenthood and cannot be treated differently from biological childbirth.
BREAKING: Supreme Court grants 12-week maternity leave to all adoptive mothers, removes 3-month age criteria#supremecourt #maternityleave #childcare #adoption
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The bench clarified that all adoptive and commissioning mothers will now be entitled to 12 weeks of maternity leave, starting from the date of adoption, regardless of the child’s age.
It emphasised that maternity leave is meant to ensure bonding, care, and emotional integration of the child into the family factors that remain the same irrespective of how a child is brought into a home.
Highlighting the importance of child welfare, the court noted that older adopted children often require more time to adjust to a new environment.
It observed that denying leave based on the child’s age undermines both the rights of adoptive mothers and the developmental needs of children, especially those coming from institutional care.
In a significant observation, the court also urged the Union government to consider introducing paternity leave as a broader social welfare measure. This, it said, would promote a more inclusive and gender-neutral approach to caregiving responsibilities.
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The ruling came on a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri, who argued that the earlier provision unfairly excluded adoptive parents of older children.
The court agreed that the restriction was impractical, noting that adoption laws in India rarely allow adoption of infants below three months, making the benefit largely ineffective.
The judgment is expected to have far-reaching implications for labour and adoption laws in India, aligning maternity benefits with modern family structures and reinforcing the principle of equal parenthood.
