In a significant ruling, the Supreme Court of India has granted 12 weeks of maternity leave to all adoptive mothers, striking down a provision that limited the benefit to those adopting children below three months of age.
A bench comprising Justices JB Pardiwala and R Mahadevan declared Section 60(4) of the Code on Social Security 2020 unconstitutional, stating that the age-based restriction was discriminatory and violated Articles 14 and 21 of the Constitution.
The court ruled that adoptive mothers will now be entitled to 12 weeks of maternity leave from the date of adoption, regardless of the child’s age.
Observing that adoption is an equally valid path to parenthood, the bench emphasised that maternity benefits cannot be restricted based on biological factors alone. “Adoption is an equally meaningful pathway for creating a family… biological factors cannot exclusively determine familial values and entitlements,” the court noted.
The judges highlighted that the purpose of maternity leave is to ensure care, bonding, and integration of the child into the family—objectives that remain the same irrespective of whether the child is biologically born or adopted.
Rejecting the earlier distinction, the court stated that a mother adopting a child older than three months cannot be treated differently from one adopting a younger infant.
The ruling also placed strong emphasis on the best interests of the child, noting that children—especially older ones adopted from institutional care—often require more time for emotional adjustment and integration into a new family environment.
“The paramount consideration has to be the best interest of the child,” the bench said, underlining that denying leave in such cases undermines both the child’s welfare and the adoptive mother’s ability to provide care.
The case was brought before the court by Karnataka-based lawyer Hamsaanandini Nanduri, who challenged the provision as arbitrary and exclusionary. The plea pointed out that India’s adoption system rarely allows adoption of children below three months, making the earlier benefit largely ineffective.
The Centre had defended the provision, but the court decided to examine its validity after the Code came into force, replacing the earlier Maternity Benefit Act, 1961 while retaining the same restriction.
In a notable observation, the court also urged the government to consider introducing paternity leave, signalling the need for a more inclusive and gender-neutral approach to caregiving.
The judgment is expected to have far-reaching implications for labour laws and adoption policies in India, ensuring greater support for adoptive families and aligning legal provisions with modern realities of parenting.
