Supreme Court affirms equal maternity rights for adoptive mothers

March 18, 2026 Hot from the Oven Valli Sarvani

India’s approach to parental rights has moved forward with a landmark judicial decision supporting adoptive families.

The Supreme Court of India has ruled that adoptive mothers are entitled to maternity leave, regardless of the child’s age at adoption.

The court clearly stated that an adopted child must be treated at par with a biological child. This decision strengthens the recognition of maternity protection as a basic human right.

The verdict came from a bench led by Justice JB Pardiwala and Justice R Mahadevan. The judges observed that a family cannot be defined only through biological connections.

Instead, they emphasised that emotional bonds, care, and shared responsibility form the true basis of parenthood. Therefore, adoption is an equally legitimate way to build a family.

Importantly, the court struck down Section 60(4) of the Social Security Code. This provision earlier limited maternity benefits to women adopting children below three months of age.

However, the bench found this classification unreasonable. It noted that adoptive mothers face similar emotional and caregiving demands, irrespective of the child’s age. Thus, denying them leave based on such criteria overlooked real responsibilities.

As per the ruling, adoptive mothers can now avail 12 weeks of maternity leave starting from the date of adoption. Previously, many women were excluded from such benefits due to the age restriction.

Meanwhile, the Maternity Benefit Act, 1961, continues to provide 26 weeks of paid maternity leave to eligible women in both public and private sectors.

The court also drew attention to the absence of a structured paternity leave policy in India. It encouraged the central government to consider introducing such provisions.

Currently, only government employees receive 15 days of paid paternity leave. In contrast, private sector employees depend on company-specific policies.

This judgment marks a progressive step toward inclusive workplace rights. It acknowledges diverse family structures while ensuring fairness and dignity for adoptive parents across the country.

Image from Pxhere (Free for commercial use / CC0 Public Domain)

Image Published on February 25, 2017