The Supreme Court ruled that denying maternity leave to adoptive mothers based on a child being over 3 months old is unconstitutional. The judgment strengthens equality, recognising adoption as equal to biological motherhood and protecting women’s reproductive autonomy.
In a significant judgment strengthening the rights of adoptive mothers, the Supreme Court of India has ruled that denying maternity benefits solely because the adopted child is older than three months is unconstitutional. The Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan.
The case raised an important question under the Maternity Benefit framework and the Code on Social Security, 2020 — whether adoptive mothers can be denied maternity leave if the child they adopt is above three months of age. The petitioner challenged the validity of Section 60(4) of the Code, arguing that such a restriction is arbitrary and discriminatory.
While examining the matter, the Supreme Court framed key constitutional issues, including whether the 3-month age restriction violates Article 14 of the Constitution and whether it interferes with the reproductive autonomy of adoptive mothers as well as the rights and welfare of the adopted child.
The Court made it clear that any law must be tested on the basis of its purpose and intent. It observed that constitutional validity must be judged in light of the objective behind the legislation. In this context, the Bench highlighted that the purpose of maternity benefits is to support motherhood and ensure proper care and bonding between mother and child.
Importantly, the Court rejected the narrow understanding of family based only on biological relationships. It emphasized that family is not limited to biological ties and that adoption is a valid and equal form of parenthood. The Bench categorically stated that an adopted child must be treated at par with a biological child in all respects.
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On examining the provision in question, the Court found that denying maternity benefits to adoptive mothers based on the child being older than three months has no reasonable connection with the objective of the law. The judges noted that motherhood involves emotional, psychological, and caregiving responsibilities, which are equally present in cases of adoption, regardless of the child’s age at the time of adoption.
The Court also took into account the practical realities of adoption in India. It observed that many adoption processes take time, and by the time the child is legally adopted, the child may often be older than three months. This makes the restriction not only unfair but also largely ineffective in practice.
Recognizing the broader constitutional principles, the Supreme Court held that adoption is an integral part of a woman’s reproductive and decisional autonomy. Denying maternity benefits in such cases would therefore amount to an unreasonable restriction on these rights.
The Bench further pointed out that adoptive mothers of older children also go through significant adjustments and responsibilities, and there is no justification to treat them differently from other mothers.
Summing up its findings, the Supreme Court declared that Section 60(4) of the Code on Social Security, 2020, insofar as it imposes a 3-month age limit on adopted children for granting maternity benefits, is unconstitutional. The Court allowed the petition and granted relief to adoptive mothers across the country.
This judgment is expected to have a wide impact on employment and maternity laws in India, ensuring that adoptive mothers receive equal protection and support, and reinforcing the idea that parenthood through adoption deserves the same recognition as biological parenthood.
Case Title:
Hamsaanandini Nanduri vs Union of India & Ors.
W.P.(C) No. 960/2021,
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