Supreme Court: Adoptive Mothers Must Get Maternity Leave Regardless of Child’s Age

March 18, 2026 - The Supreme Court of India on Tuesday (March 17) delivered a significant judgment, ruling that a woman who adopts a child — regardless of the child’s age — is entitled to 12 weeks of maternity leave. The Court emphasised that an adopted child is equally part of a mother’s maternity rights. Ruling that maternity leave is a fundamental right, the Court struck down provisions that limited benefits for adoptive mothers to children under three months old. 

Until now, under Section 60(4) of the Social Security Code, only mothers adopting children below three months of age were eligible for 12 weeks of maternity leave.

The Supreme Court ruled as unconstitutional Section 60(4) of the Social Security Code, 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."

A Bench comprising Justice JB Pardiwala and Justice R Mahadevan ruled that this condition is unreasonable and violates Article 14 (Right to Equality) and Article 21 (Right to Life and Liberty) of the Constitution. A mother’s need to care for an adopted child does not change based on the child’s age, the judges observed. The responsibilities of a woman adopting a child older than three months are the same as those adopting younger infants. Therefore, discrimination based on age is illogical and makes the provision impractical.

The judgment was reserved on January 29, 2025, after hearing arguments.

Justices Pardiwala and Mahadevan were hearing a case involving Karnataka-based lawyer Hamsanandini Nanduri who had challenged this provision. In 2017, she had adopted two children—a 4.5-year-old girl and her two-year-old brother. When she requested maternity leave from her employer, she was informed that she would receive only six weeks per child, as they did not meet the three-month age criteria.

Nanduri argued in her petition that the law discriminates against adoptive mothers and children, calling it unjust, arbitrary and unconstitutional.

Along with this, the country’s apex court also directed the Central Government to recognise paternity leave as part of social security and include it in the law. The Court said that such leave should be structured according to the needs of both parents and the child.

If this comes through, then fathers will now also be able to get paternity leave just as maternity leave is granted.