SC strikes down age restriction for maternity leave of adoptive mothers

• The Supreme Court struck down a law which said a woman would be eligible for maternity leave if she legally adopts a child below the age of three months.

• A bench of Justices J.B. Pardiwala and R. Mahadevan held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.

• The apex court also asked the Centre to come out with a provision recognising paternity leave as a social security benefit.

What is the case about?

• The Supreme Court’s verdict came on a plea filed by Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code.

• On November 21, 2025, the Code on Social Security, 2020, came into effect by which all laws relating to social security, including that of Maternity Benefit Act, 1961 were amended and consolidated.

• Section 60(4) of the 2020 Code, puts an age limit of three months on the age of the adoptive child for the adoptive mother to avail maternity benefit.

• The petitioner submitted that the distinction created by the legislature between a woman who adopts a child aged less than three months and a woman adopting a child aged three months or above is artificial and violative of Article 14. 

• She argued that if a woman adopts a child aged four months, she would not be entitled to maternity benefit as provided under the 2020 Code.

• The SC bench said it is violative of Articles 14 and 21 of the Constitution.

Key points of the SC verdict:

• The right of reproductive autonomy is not confined to the biological act of giving birth. Adoption is an equal exercise of the right to reproductive and decisional autonomy under Article 21 of the Constitution.

• The Supreme Court said women who adopt a child aged three months or above are similarly situated to women who adopt a child below the age of three months, insofar as their roles, responsibilities, and caregiving obligations are concerned.

• The essential attributes, capacities, and commitments of adoptive mothers do not undergo any material change merely on account of the age of the child at the time of adoption and the immediate period following the adoption.

• The process of adoption itself entails significant emotional, psychological, and practical adjustments for both the child and the adoptive mother.

• Children adopted at any age require sustained care, reassurance, and stable parental presence to overcome past vulnerabilities and integrate into a new familial environment.

• This is even more imperative to allow such mothers to avail themselves of the leave. 

• In such circumstances, denying maternity benefit solely on the basis of an arbitrary age threshold disregards these essential aspects of adoption and undermines the very purpose of social welfare legislation.

• The protection of maternity leave is a basic human right, as it recognises conditions that are necessary for the full development of human personality and realisation of equality. 

• It embodies an essential component required to promote equality in the workplace and safeguards maternal and child health.

• The SC bench said extending the benefit of maternity leave is not merely a matter of convenience but a necessary support that enables the woman to discharge her parental responsibilities while securing her economic independence.

(The author is a trainer for Civil Services aspirants.)