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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.
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livelaw.in broke the news in India on Tuesday, March 17, 2026.
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