Supreme Court strikes down 3-month limit on maternity leave for adoptive mothers
Supreme Court rules adoptive mothers are entitled to 12 weeks’ maternity leave regardless of the child’s age, calling the 3-month limit unconstitutional
The Supreme Court on Tuesday (March 12) stated that Section 60(4) of the Social Security Code, 2020, under which maternity benefit to an adoptive mother can only be granted if the child is younger than three months, was unconstitutional. The top court further stated that the provision was in violation of Articles 14 and 21 of the Constitution.
What court said
A bench of Justice Pardiwala and Justice R. Mahadevan stated that an adoptive mother should be granted maternity leave of 12 weeks regardless of the age of the child.
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"A woman who legally adopts a child, or a commissioning mother, shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be,” the bench stated, reading down the provision as quoted by Live Law.
'No rational classification'
Earlier, as per the provision, maternity benefit could only be provided to a woman who legally adopts a child "below the age of three months". The bench made it clear that, regardless of the age of the adopted child, adoptive mothers are eligible for maternity leave, adding that Section 60(4) of the Social Security Code has no rational nexus with the core objective of the Social Security Code, 2020.
It further stated that the requirement for maternal care for an adopted child does not vary, and distinction based on the age of the child was not a rational classification.
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According to the bench, there is no difference between the maternal responsibilities of a woman adopting a child above 3 months and those of a woman adopting a child aged less than 3 months.
"The age limit renders the provision illusory and devoid of practical application," stated Justice Pardiwala. The top court also urged the Centre to bring in a law recognising paternal leave as a social security benefit.
What was the petition about
The petition was filed in 2021, challenging Section 5(4) of the Maternity Benefit Act, 1961, as amended by the Maternity Benefit (Amendment) Act, 2017, under which maternity leave of 12 weeks is granted to an adoptive mother only if the child adopted is below three months of age.
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On November 12, 2024, the Court issued notice to the Union Government on a PIL filed by an adoptive mother who has adopted two children since 2017.
Subsequently, after the Social Security Code, 2020 came into effect last November, repealing the Maternity Benefit Act, the focus shifted to the corresponding provision under the 2020 Code.
Petitioner’s argument
The petitioner contended that the provision was arbitrary and violative of Article 19(1)(g), stating that it creates legal hurdles for women seeking to adopt infants, particularly in light of procedural timelines under the Central Adoption Resource Authority regulations.
She pointed out that in cases of abandoned or orphaned children, the Child Welfare Committee may take two to four months to declare a child legally free for adoption, while children surrendered by biological parents are subject to a 60-day reconsideration period. On January 29, 2025, the Court reserved its judgment after hearing arguments on the validity of the provision.