Supreme Court Declares Adoption Leave Policy Unconstitutional
In a significant ruling, the Supreme Court has deemed the age restriction on maternity leave for adoptive mothers unconstitutional. The court emphasized that all adoptive parents deserve equal rights, regardless of the child's age. This decision highlights the need for comprehensive maternity benefits that consider the emotional and practical adjustments of adoption. Additionally, the court has called for the recognition of paternity leave as a social security benefit. This landmark judgment is expected to reshape policies regarding parental leave in India.
| Mar 17, 2026, 15:38 IST
Supreme Court Ruling on Maternity Leave for Adoptive Mothers
The Supreme Court has ruled that Section 60(4) of the Social Security Code, 2020, which allows adoptive mothers to avail of 12 weeks of maternity leave only if the adopted child is under three months old, is unconstitutional. This provision violates the right to equality for adoptive parents and their children. The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, stated that adoptive mothers should receive 12 weeks of maternity leave regardless of the child's age.
The court emphasized that the limitation imposed by Section 60(4) of the 2020 Code, which restricts maternity benefits based on the age of the adopted child, contravenes Articles 14 and 21 of the Constitution.
The Supreme Court highlighted that the purpose of maternity benefits is deeply connected to motherhood. It noted that mothers adopting children older than three months require the same time for bonding, care, and adjustment as those adopting infants. The court further stated that denying benefits solely based on the child's age constitutes an arbitrary and unjust classification.
Moreover, the court pointed out that this provision fails to consider the significant emotional, psychological, and practical adjustments that come with adoption, regardless of the child's age.
The Supreme Court also urged the central government to introduce provisions recognizing paternity leave as a social security benefit. This decision arose from a petition filed by advocate Hamsanandini Nanduri, challenging Section 60(4) of the Social Security Code, which only grants 12 weeks of maternity leave when an adoptive mother takes in a child under three months old.