Supreme Court Grants 12 Weeks Maternity Leave to Adoptive Mothers Irrespective of Child’s Age

The Supreme Court has ruled that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the child’s age, striking down earlier provisions as discriminatory

New Delhi | 18 March, 2026: In a significant ruling, the Supreme Court has held that women adopting a child of any age will be entitled to 12 weeks of maternity leave, removing the earlier restriction that limited this benefit to children below three months of age.

A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan observed that denying maternity leave based on the age of the adopted child is discriminatory and violates the principle of equality. The court struck down the existing provision, stating that maternity benefits cannot be restricted solely on the basis of the child’s age.

The court further clarified that adoptive mothers hold the same rights and responsibilities towards their child as biological mothers, and must therefore be granted equal support under the law.

In addition to this, the apex court directed the Central government to consider introducing provisions for paternity leave as well. It suggested that the duration of such leave should be determined based on the needs of both the parent and the child.

The judgment came in response to a public interest litigation filed by Hamsanandini Nanduri, who argued that restricting maternity leave based on age was arbitrary and in violation of Article 14 of the Constitution, which guarantees the right to equality.

The ruling is expected to have a wide impact on adoption policies and workplace benefits, ensuring more inclusive support for adoptive parents across the country.

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