Supreme Court Strikes Down Law Giving Maternity Leave only to Mothers Adopting Children Under 3 Months
The Supreme Court ruled adoptive mothers get 12 weeks maternity leave regardless of child’s age and urged legal recognition of paternity leave to promote shared parenting.
- On Tuesday, March 17, 2026, the Supreme Court ruled adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child's age.
- Advocate Hamsaanandini Nanduri's plea challenged Section 60 of the Social Security Code restricting maternity leave to adoptions below the three-month age limit.
- The court urged the Centre to recognise paternity leave as a social security benefit, saying it would help break traditional gender roles and encourage fathers' involvement in childcare.
- Adoptive mothers will now receive 12 weeks' maternity leave from the date of adoption regardless of the child's age, prompting the Centre to frame paternity-leave provisions.
- The Bench found the age limit breached constitutional protections under Articles 14 and 21 and noted the early years of a child's life are crucial for emotional bonds and fathers' involvement in early childcare.
20 Articles
20 Articles
Reproductive Autonomy Extends Beyond Biological Birth: SC Strikes Down 3-month Adoption Bar to Avail Maternity Leave
Get latest articles and stories on India at LatestLY. A bench of Justices JB Pardiwala and R. Mahadevan observed that the object of maternity benefits is intrinsically linked to motherhood. In this context, adoptive mothers of children above three months are similarly situated to those adopting younger infants, as both require time for bonding, caregiving and adjustment, the Court noted. India News | Reproductive Autonomy Extends Beyond Biologic…
Adoptive mothers entitled to maternity leave regardless of child’s age: Supreme Court
The Supreme Court on Tuesday struck down a section of the 2020 Social Security Code that allowed maternity leaves for adoptive mothers to only those adopting children under three months old, PTI reported.The court observed that adoption is part of the right to reproductive autonomy.A bench of Justices JB Pardiwala and R Mahadevan said that an adoptive mother should be entitled to maternity leave for a 12-week period despite the age of the adopte…
Supreme Court calls for law on paternity leave, expands rights of adoptive mothers
The Supreme Court on Tuesday highlighted the need for a legal framework recognising paternity leave as part of social security, stressing that raising a child is a shared duty between both parents. The court observed that focusing only on mothers in early childcare overlooks the important role fathers play in a child’s growth. The remarks came as the court struck down a provision that granted maternity leave to women adopting children only if th…
SC allows maternity leave to mothers adopting children older than 3 months
The Supreme Court has ruled that adoptive mothers are entitled to maternity leave regardless of the child's age. A law restricting this benefit to children under three months old was struck down. The court emphasized adoption as part of reproductive autonomy. It also urged the government to consider paternity leave as a social security benefit.
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