A Sigh Of Relief For Adoptive Mothers: Supreme Court’s Landmark Verdict

With its recent verdict, The Indian Supreme Court has given a sigh of relief to working adoptive mothers by giving them a much needed recognition. Maternity benefits which were earlier reserved for only women adopting babies under three months, will now extend to even those with older children. 

No 3-Month Age Limit For Maternity Leave

Section 60(4) of the Code on Social Security, 2020 which states “A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be." has been struck down by the Supreme Court

The observation was made by the bench of Justice JB Pardiwala and Justice R Mahadevan in a writ petition which emphasized kinship is not only attained biologically and that adoption is an equally valid means. And also that the responsibilities of an adoptive mother who adopts a baby older than 3 months is similar to those adopting babies below 3 months of age. 

The bench stated "Although biology has traditionally been the predominant lens through kinship, adoption is an equally valid pathway. It is not biology that constitutes, it is the shared meaning. Biological factors by themselves do not determine family. An adopted child is not different from a natural child."

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Why Is This Verdict Important?

This verdict is going to ease the adoption process for working adoptive mothers, giving them more time to bond with their babies. It also emphasizes that "An adopted child is no different than a biological child." and that maternity protection is a basic human right, no matter if the child is biological or adopted. 

The law applies across corporate India and government sectors, urging companies to update their HR policies making them more inclusive and empathetic. 

If you are planning to adopt in India, know that the road just got a little smoother. What are your thoughts about this verdict?