In Landmark Judgement, SC Strikes Down Age Limit On Maternity Leave for Adoption

The Supreme Court has delivered a landmark ruling that strengthens the rights of adoptive mothers, holding that women who adopt children older than three months are entitled to maternity leave.

The judgment, delivered on Tuesday, struck down a provision in the Social Security Code that restricted maternity benefits to women adopting infants below three months of age, declaring it unconstitutional.

Until now, the law had granted 12 weeks of maternity leave only to women adopting very young infants, leaving those who welcomed older children without the same protection. The bench, comprising Justices JB Pardiwala and R Mahadevan, observed that such a distinction was unjust and failed to recognise the realities of caregiving.

The judges stressed that family cannot be defined solely by biological ties. Adoption, they said, is an equally valid way of forming a family, and an adopted child must be treated on par with a biological child. They noted that the emotional bonds and responsibilities of raising an adopted child are no different, regardless of the child's age at the time of adoption.

In their ruling, the court emphasised that denying maternity benefits on the basis of a child's age ignores the needs of both mother and child. The judges underscored that maternity protection is a fundamental human right, one that must extend to all forms of motherhood, including non-biological ones.

"On the need of paternity leave, we urge the Union to come up with a provision recognising paternity leave as a social security benefit. We emphasise that the duration of such leave must be determined in a manner that is responsive to the needs of both the parents and the child," Live Law quoted Justice Pardiwala as stating in the judgment.

Paternity leave, whether paid or unpaid, allows fathers to take time off following the birth or adoption of a child. It is intended to support the mother during the immediate postnatal period and to enable fathers to share in the responsibilities of caregiving. The concept reflects the understanding that parenting is a joint responsibility and that the presence of both parents in a child's formative months contributes to healthier developmental outcomes.

Beyond its impact on family life, paternity leave also carries broader social significance. It challenges traditional gender roles that confine caregiving to women, promoting a more equitable division of domestic responsibilities. By encouraging fathers to take an active role in childcare, such a policy would also help women continue their participation in the workforce without being disproportionately burdened by family duties.

At present, India does not recognise paternity leave under its labour laws, though maternity leave provisions are well established. Women are entitled to 26 weeks of paid maternity leave if they have fewer than two surviving children, and 12 weeks if they have two or more. Up to eight weeks of this leave can be taken before delivery.

By recognising adoptive mothers' entitlement to maternity leave, the Supreme Court has ensured equal support for parents who choose adoption. The decision is expected to have far-reaching implications, offering greater security to adoptive families and reinforcing the principle that every child deserves the same care and protection, irrespective of how they enter a family.

This ruling resonates strongly in India, where adoption is increasingly seen as a meaningful path to parenthood. It affirms that the law must evolve to reflect the diverse realities of family life and uphold the dignity of all mothers.