Supreme Court Expands Maternity Leave Rights for Adoptive Mothers, Strikes Down Age Restriction

The Hindu - News · 22 Mar 2026 · 2 min read
Prelims · Polity Mains · GS2 Social justice High relevance

The Supreme Court ruled that adoptive mothers are entitled to 12 weeks of paid maternity leave regardless of the child's age, striking down Section 60(4) of the Social Security Code, 2020, which previously limited this benefit to mothers adopting children under three months.

Key points

Section 60(4) of the Social Security Code, 2020 was struck down by the Supreme Court, which previously limited paid maternity leave to adoptive mothers only if the child was under three months old.

The Court emphasized that motherhood cannot be viewed through a narrow biological lens, recognizing adoption as part of the right to reproductive autonomy and emotional bonding.

Historical context: The Maternity Benefit Act, 1961 initially provided 12 weeks of paid leave, extended to 26 weeks for biological mothers in 2017, while adoptive mothers were granted 12 weeks only for children under three months.

The petitioner, Hamsaanandini Nanduri, highlighted that less than 5% of adoptions in India involve children under three months, making the previous law inadequate for most adoptive mothers.

[GS2-Social Justice] The judgment aligns with constitutional principles of equality (Article 14) and non-discrimination, ensuring adoptive mothers receive similar benefits as biological mothers.

[GS3-Economy] The ruling may impact workplace policies, particularly in the private sector, where maternity benefits for adoptive mothers were previously inconsistent or absent.

The Court also urged the Union government to consider paternity leave for all fathers, noting the current framework inadequately addresses shared parenting responsibilities.

Way Forward: The government should amend the Maternity Benefit Act to reflect this judgment, ensure uniform implementation across sectors, and introduce paternity leave policies to promote gender-neutral childcare responsibilities.

Key terms

Maternity Benefit Act, 1961

A landmark labor law in India that provides paid maternity leave to working women. The Act was amended in 2017 to extend leave to 26 weeks for biological mothers and introduce 12 weeks for adoptive mothers, though with restrictive conditions. It is crucial for UPSC as it intersects labor rights, gender justice, and constitutional principles.

Article 14 of the Indian Constitution

Guarantees equality before the law and equal protection of laws to all persons. The Supreme Court invoked this article to strike down discriminatory provisions in maternity leave policies, reinforcing its role in safeguarding gender justice and non-arbitrary state action.

Central Adoption Resource Authority (CARA)

A statutory body under the Ministry of Women and Child Development that regulates adoptions in India. CARA's data revealed that less than 5% of adoptions involve children under three months, highlighting systemic gaps in policy design relevant to governance questions.

Right to Reproductive Autonomy

A judicial interpretation expanding reproductive rights beyond biological processes to include adoption and parenting choices. This concept, emphasized in the judgment, connects to broader debates on gender equality and fundamental rights under Articles 14 and 21.