Rapid Fire
SC Rules Maternity Leave for All Adoptive Mothers
- 19 Mar 2026
- 3 min read
The Supreme Court of India ruled that adoptive mothers are entitled to maternity leave irrespective of the child’s age, declaring maternity leave a basic human right and urging the Union Government to recognise paternity leave as a social security benefit.
- Striking Down Age Restrictions: The Supreme Court declared Section 60(4) of the Code of Social Security, 2020 (which replaced the Maternity Benefit Act, 1961, in November 2025) unconstitutional and discriminatory.
- This provision had previously restricted the 12-week maternity benefit strictly to mothers adopting children below three months of age.
- The Court held that adoptive mothers have the same rights and responsibilities as biological mothers. Therefore, maternity leave cannot be restricted based on the age of the adopted child.
- Practicality of Adoption: The Bench noted that the legal adoption process in India typically takes much longer than three months to complete, rendering the three-month age restriction completely impractical and "otiose."
- Right to Reproductive Autonomy: The Court elevated adoption to an "expression of reproductive autonomy," emphasizing that a family is constituted by shared responsibility, caregiving, and emotional bonds, rather than biology alone.
- Maternity Leave as a Workplace Equality Measure: The court noted that the maternity benefits act as an instrument of "de-familisation."
- This means it reduces a woman's reliance on her family for financial support, actively protecting her economic independence and ensuring motherhood does not lead to workplace exclusion.
- Addressing Gender Inequality: The Court noted that without maternity leave, mothers may return to work early, shifting childcare to older siblings.
- If the caregiver is a girl child, it can lead to school dropout, reinforcing the cycle of gender inequality.
- Call for Legal Recognition of Paternity Leave: The Court urged the Central Government to introduce statutory paternity leave, noting that parenthood is a shared responsibility and not solely the mother’s role.
- The absence of fathers during early childcare can affect parent-child bonding and family support systems.
| Read more: Maternity Benefits for Third Child |
