SC Extends Maternity Leave Benefits to All Adoptive Mothers

On 17th March 2026, the Supreme Court struck down a provision in the Social Security Code, 2020 that restricted maternity leave for adoptive mothers to cases where the adopted child was below three months of age.

Key Points

Supreme Court Ruling: The Court held that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the age of the adopted child.
Struck Down Provision: The Court invalidated Section 60(4) of the Social Security Code, 2020, which limited maternity leave eligibility based on the age of the adopted child.
Equality with Biological Mothers: The Court emphasised that adoptive mothers have the same rights and responsibilities as biological mothers and should be treated equally under the law.
Child-Centric Approach: The judgement stated that maternity benefits should not be restricted based on the child’s age, as caregiving needs extend beyond infancy.
Social Welfare Perspective: The Court highlighted that maternity leave is a social welfare measure aimed at ensuring child care and maternal bonding, not merely linked to childbirth.
Direction to Government: The Court directed the Centre to consider introducing provisions for paternity leave as a social security benefit.
Significance: The ruling expands the scope of maternity benefits and strengthens adoption rights and child welfare protections in India.