SC grants adoptive mothers 12-week leave irrespective of child’s age, seeks paternity leave law

In a landmark ruling, the Supreme Court on Tuesday held that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age , struck down the restrictive provision as unconstitutional, and called on the Centre to introduce a law recognising paternity leave as a social security benefit , asserting that “an adopted child is no different from a so-called natural child.”

A bench of Justices J B Pardiwala and R Mahadevan declared Section 60(4) of the Code on Social Security, 2020 unconstitutional to the extent that it limited maternity benefits only to adoptive mothers of children below three months. “An adoptive child cannot be treated differently from a biological child,” the bench observed, terming the classification arbitrary and discriminatory.

Striking down the age cap, the court said, “violative of Articles 14 and 21 of the Constitution” , emphasising that equality before law and the right to life include dignity, care and familial bonding. The judges underlined that maternity leave is not merely a statutory concession but a recognition of the right to nurture and bond with a child , irrespective of how parenthood is attained.

The bench further stressed that “adoption is an integral part of reproductive autonomy” , observing that the law cannot create artificial distinctions that undermine the rights of adoptive parents. It added that reproductive choices extend beyond biological motherhood and must be equally protected.

The judgment came on a plea filed by advocate Hamsaanandini Nanduri, who challenged the provision as exclusionary, arguing that it denied meaningful benefits to adoptive mothers of older children and forced them to choose between employment and caregiving.

Highlighting the need for a more inclusive parental framework, the court directed the Centre to consider introducing paternity leave, stating that caregiving responsibilities must be shared. “The time has come to recognise paternity leave as a component of social security,” the bench said.