Adoptive Mothers entitled to 12 weeks Maternity Leave regardless of child’s age: SC

Interestingly, the Court did not stop at maternity benefits. The judges also suggested that the Union Government should look into introducing paternity leave.

The Supreme Court of India on Tuesday in its major decision, announced that all the women who adopt children can now take maternity leave up to 12 weeks regardless of child’s age. However, earlier, only the mothers adopting babies under three months old could get this leave as per the specific rule in Code on Social Security (2020).

Now, the Supreme Court has declared such rule unconstitutional, calling it arbitrary and unfair.

The case reportedly was heard by a bench of Justice Pardiwala and Justice Mahadevan. They explained that the bond between a mother and a child is important regardless of the child’s age.

The judges noted that every child needs time to adjust to their new home and bond with their mother. And, it is unfair to treat a mother differently just because she chose to adopt an older child instead of an infant. The old rule violated Article 14, which guarantees equality to all citizens.

“The purpose of maternity protection does not depend on how a child enters a mother’s life,” the Court stated.

They emphasized that adoption is a key part of a woman’s reproductive rights and deserves full support from the law.

Push for Paternity Leave

Interestingly, the Court did not stop at maternity benefits. The judges also suggested that the Union Government should look into introducing paternity leave.

They described this as a “progressive” step that would help fathers play a bigger role in caregiving and support the family as a whole.

This ruling is being seen as a huge win for social justice, ensuring that adoptive families get the time they need to start their new lives together with dignity.