The Supreme Court (SC) on Tuesday struck down a legal provision that restricted maternity leave for mothers adopting children below three months of age, calling it unconstitutional and discriminatory.
A bench of Justices JB Pardiwala and R Mahadevan held that all adoptive mothers, regardless of the child’s age, will now be entitled to 12 weeks of maternity leave from the date of adoption. The court emphasised that such benefits cannot depend on biological factors alone.
"Adoption is an equally meaningful pathway for creating a family…biological factors cannot exclusively determine familial values and entitlements,” the bench said.
SC expands definition of parenthood
The court ruled that the age-based classification under Section 60(4) of the Code on Social Security, 2020, violates Articles 14 and 21 of the Constitution. It noted that maternity leave serves a broader purpose that does not change based on how a child becomes part of a family.
“A mother cannot be differentiated between one who brings home a child less than three months and one who adopts a child of a higher age,” the bench observed.
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The judgment also widened the understanding of reproductive autonomy, clarifying that it is not limited to biological birth and includes adoption as a valid form of parenthood.
Focus on child’s welfare
The bench placed the child’s welfare at the centre of its reasoning. It pointed out that children adopted at an older age, particularly from institutional care, often need more time to adjust emotionally and integrate into a new family environment.
“The paramount consideration has to be the best interest of the child…including the period required for the child to integrate into the new family,” the court said.
It added that denying maternity leave in such cases not only disadvantages adoptive mothers but also undermines the developmental needs of adopted children.
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Petition highlighted practical gaps
The ruling came on a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri, who challenged the provision as arbitrary and exclusionary. Her plea, argued through advocate Bani Dikshit, pointed out that India’s adoption framework rarely allows adoption of children below three months, making the benefit largely ineffective.
The Centre, represented by additional solicitor general KM Nataraj, had defended the provision. However, the court had agreed in December 2025 to examine its validity after the 2020 Code replaced the Maternity Benefit Act, 1961, while retaining the same restriction.
The Supreme Court also urged the Union government to consider introducing paternity leave as a social welfare measure. The observation signals a shift towards a more inclusive and gender-neutral approach to caregiving.
