Adopted child no different: SC strikes down 3-month cap for maternity leave
The court noted that maternity benefits serve multiple purposes – recovery, bonding, and caregiving – and while physical recovery may be specific to childbirth, emotional bonding and childcare are universal.
In a significant ruling, the Supreme Court of India on Tuesday said that denying maternity leave to women adopting children above three months was unconstitutional, recognising the right to a dignified life for adoptive parents and the child. A bench of Justices JB Pardiwala and R Mahadevan clarified that an adoptive mother should be entitled to 12 weeks of maternity leave, irrespective of the age of the adopted child.
The court said the earlier rule, which allowed maternity leave only if the adopted child was below three months, was unfair and did not reflect how adoption works in reality. It added that the law must ensure equal support for all mothers.
MOTHERHOOD NOT LIMITED TO CHILDBIRTH
Opening its 100-page judgment with a quote by poet Fleur Conkling Heyliger, the bench underlined that motherhood extends beyond biology and is rooted in care, bonding, and emotional connection.
“The transition into motherhood does not happen instantly, but develops over time,” the court said, noting that adoptive mothers go through the same process of bonding and caregiving as biological mothers.
It added that an adopted child is no different from a biological child, and the law must reflect this reality.
LEAVE ESSENTIAL FOR CARE AND BONDING
The court said maternity leave is meant not just for physical recovery, but also to give mothers time to bond with and care for their children.
It stressed that these needs remain the same regardless of the child’s age at the time of adoption. “The purpose of maternity protection does not change depending on how the child comes into the mother’s life,” the bench observed.
SUPPORT FOR WORKING WOMEN
Highlighting the broader purpose of maternity benefits, the court said such provisions are meant to ensure women do not have to choose between work and family.
It noted that many women face income loss and career setbacks due to childcare, and maternity leave helps provide the necessary support and dignity.
The bench also recognised the importance of unpaid care work done by women at home, calling it a key part of the economy.
CALL FOR PATERNITY LEAVE
The court also urged the government to consider providing paternity leave as a social security benefit.
It said parenting should be a shared responsibility and pointed out that the absence of paternity leave often limits the role fathers can play in childcare. Allowing fathers time off would help them support mothers and be more involved in raising children.
RULE DID NOT MATCH ADOPTION REALITY
Pointing to practical issues, the court said the earlier three-month limit did not match how adoptions take place in India. Legal procedures often take longer than three months, meaning very few children are adopted at such an early age. As a result, many adoptive mothers were being denied maternity leave.
The ruling came on a plea filed by Hamsanandini Nanduri. With this decision, the Supreme Court has made it clear that adoptive mothers are entitled to the same support as biological mothers, and that every child deserves equal care and protection.