The Supreme Court of India has struck down the age restriction on maternity leave for adoptive mothers, declaring it unconstitutional. The landmark ruling came in the case of Hamsaanandini Nanduri v. Union of India and ensures that all adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the child’s age at adoption.
Earlier, under the Code on Social Security, 2020, maternity benefits were limited to adoptive mothers of children below three months. The Court ruled that this restriction violated Article 14 (Right to Equality) and Article 21 (Right to Life), emphasizing that motherhood is defined by caregiving and emotional bonding, not just childbirth.
The judgment removes a major barrier for adoptive parents, recognizing adoption as equal to biological parenthood. It also highlighted that most children become available for adoption after three months, making the earlier provision impractical and exclusionary.
In a progressive move, the Court also urged the government to consider introducing paternity leave, promoting shared parenting responsibilities and better family support.
This ruling marks a significant step toward gender equality, child welfare, and inclusive social security in India.
