India’s Supreme Court has struck down the three-month age restriction on maternity leave for adoptive mothers, ensuring equal benefits regardless of a child’s age at adoption. The ruling, delivered on March 17, declares Section 60(4) of the Code on Social Security, 2020, unconstitutional.
Key Details of the Judgment
The court highlighted that adoption demands substantial emotional, psychological, and practical adjustments for families, no matter the child’s age. This provision violated Articles 14 (equality) and 21 (right to life and personal liberty) of the Constitution. Now, adoptive mothers and commissioning mothers qualify for 12 weeks of maternity benefits starting from the date the child is handed over.
“A woman who legally adopts a child or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over,” the judgment specifies.
Adoptive Mothers Share Relief and Past Struggles
Ishani Bhatt, a Delhi media professional who adopted a five-and-a-half-month-old girl in 2024, faced denial of paid leave due to the age cap. “I didn’t get a single day of paid maternity leave,” she recounted. Her employer offered work-from-home for three months and hybrid arrangements for six more, bolstered by family and a nanny. “A child is a child—biological or adopted,” Ishani stated, praising the long-overdue change.
Sravanthi, a Pune mother of a nine-year-old and a two-year-old, adopted her second child at 3.5 months. Working at a multinational data firm, she pushed for policy updates amid court proceedings. “Adoptive parents often need more time to adjust,” she explained, noting the bonding missed in utero or at the children’s home. She secured 12 weeks off after advocacy. “A mother is a mother—biological or adopted. The time to bond must take precedence,” she emphasized.
A Mumbai clinical research professional at a multinational firm got fortunate with a 2.5-month-old daughter in May 2025. She preempted discussions with her manager and HR, starting leave before the three-month mark. “I got plain lucky,” she said, avoiding potential rejection. The decision addresses a key demand, though advocates seek 180 days of leave for all mothers, matching biological ones.
