Adoptive mothers to get maternity leave regardless of child’s age, rules Supreme Court

The Supreme Court has ruled that denying maternity benefits to women who adopt children older than three months is unconstitutional, striking down a key provision that limited such benefits based on the child’s age.

In its judgment, the court said the three-month age restriction lacked any rational basis and effectively excluded a large number of adoptive mothers from availing maternity leave. It observed that such a condition made the provision “illusory” in practice.

Under existing provisions of the Maternity Benefit law, adoptive mothers were entitled to 12 weeks of maternity leave only if the child adopted was below three months of age.

The court noted that this requirement was unrealistic, given that the legal adoption process often takes longer, making it difficult for parents to adopt infants within that age limit.

The bench emphasised that adoption falls within the broader framework of reproductive rights and that maternity benefits are a crucial component of these rights. Denying such benefits based on the age of the adopted child, it said, violates constitutional guarantees of equality and dignity.

The ruling is expected to expand access to maternity leave for adoptive mothers across the country, bringing them on par with biological mothers in terms of workplace benefits.

The court underscored that the objective of maternity leave is to enable bonding and caregiving, which applies equally to adoptive parents.

This decision builds on earlier observations by the Supreme Court that maternity benefits are not merely statutory entitlements but are linked to fundamental rights, including the right to life, health and non-discrimination under the Constitution.