Supreme Court removes three-month age cap for maternity leave: 'Adopted child is no different'

New Delhi: Supreme Court on Tuesday said that denying maternity leave to women adopting children above three months was unconstitutional and said that all adoptive mothers will be entitled to 12 weeks of leave from the date of adoption, irrespective of the child's age.

What did the court say?

The bench comprising of Justice Pardiwala and Justice Mahadevan said that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the adopted child's age.

"The purpose of maternity protection does not vary with the way the child is brought into the life of the mother. Women adopting an older child are similarly placed as women who adopt a child less than three months old," the court said.

"An adopted child is no different from so called 'natural' child. The act of adoption carries equal if not more profound affirmation of parenthood," the bench said.

What did the article state?

During the hearing, the court also said that such restrictions to age under Section 60(4) of the Social Security Code, 2020, violated the right to equality under Article 14.

The section earlier stated that women would be eligible for maternity leave only if the adopted child is less than 3 months old. 

What did the court say about biological and adoptive mothers?

While keep this point on notice that biological and adoptive mothers are distinct categories, the Supreme Court said such a distinction cannot be used to deny social security benefits.

"Classification under social security act ignores the emotional and physical adjustment required. Adoption is an equal exercise of the right to reproduction," the court said.

Did court say adopted and natural child are equal?

The court during the hearing also said that for the creation of a family, adoption was "an equally valid path".

"An adopted child is no different from so called 'natural' child. The act of adoption carries equal if not more profound affirmation of parenthood," the bench said.