New Delhi: The Supreme Court of India on Tuesday ruled that adoptive mothers are entitled to maternity leave regardless of the age of the adopted child, striking down a legal provision that limited the benefit to cases where the child was below three months old. 

A bench comprising Justices J B Pardiwala and R Mahadevan held that adoption forms part of a woman’s right to reproductive autonomy, and therefore adoptive mothers must receive the same maternity leave benefits.

The court declared that adoptive mothers are entitled to 12 weeks of maternity leave, irrespective of the age of the adopted child, in a ruling expected to impact adoption rights and maternity benefits in India.

Provision in Social Security Code declared unconstitutional

The bench struck down the age restriction under Section 60(4) of the Code on Social Security 2020, which allowed maternity leave for adoptive mothers only if the child was adopted below three months of age.

“Section 60(4) of the 2020 Code, insofar as it puts an age limit of three months on the age of the adoptive child for the adoptive mother to avail maternity benefit, is violative of Articles 14 and 21 of the Constitution,” the court said.

The ruling emphasised that such a restriction discriminates against adoptive mothers and undermines the constitutional guarantees of equality and the right to life and personal liberty.

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Supreme Court calls for paternity leave provision

In addition to expanding maternity leave rights for adoptive mothers, the court also directed the Centre to consider introducing a formal provision for paternity leave as a social security benefit.

The bench said recognising paternity leave in India would support shared parental responsibilities and child care, aligning labour policies with evolving family structures.

Petition challenged maternity leave restriction

The judgment came in response to a petition filed by advocate Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code.

The petitioner argued that limiting maternity leave to adoptions involving infants under three months unfairly denied benefits to many adoptive mothers and failed to recognise the parental responsibilities that arise irrespective of a child’s age.

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The Supreme Court’s decision is expected to strengthen maternity leave rights for adoptive parents in India and promote greater equality in labour and family welfare laws.