Supreme Court Expands Paid Maternity Leave to All Adoptive Mothers — 12 Weeks Guaranteed

The Supreme Court has ruled that every adoptive mother is entitled to 12 weeks of paid maternity leave , irrespective of the child’s age at adoption. This judgment overturns the earlier restriction in Social Security Code, 2020 (Section 60(4)) which limited the benefit to children below three months. Key Developments Section 60(4) of the Social Security Code, 2020 struck down; adoptive mothers now enjoy the same leave as biological mothers. The judgment emphasizes motherhood as a right beyond biology, linking it to the RTI ‑based data that less than 5% of adoptions involve infants under three months. The Court urged the Union government to examine a uniform paternity leave law. Important Facts The original Maternity Benefit Act, 1961 granted 12 weeks of leave to all working women. The Maternity Benefit (Amendment) Act, 2017 extended leave for biological mothers to 26 weeks and allowed adoptive or surrogate mothers to claim 12 weeks only if the child was under three months old. The Supreme Court’s 2026 ruling removes the age condition, aligning adoptive mothers with biological mothers. Case examples illustrate the impact: Ms. Madhumitha Venkataraman secured a year’s paid leave from a global media firm, while Dr. Noopur Goyal had to quit her job before the judgment because no leave was available for her 15‑month‑old adopted daughter. UPSC Relevance This development touches upon several GS papers. In GS 2 (Polity) , it showcases judicial interpretation of the Constitution’s guarantee of equality and the right to reproductive autonomy. In GS 3 (Economy) , the expanded leave has implications for labour productivity, women’s workforce participation, and corporate HR policies. The role of the Central Adoption Resource Authority (CARA) and the use of RTI illustrate governance mechanisms for social welfare. Way Forward Implementation will require the Ministry of Labour and Employment to amend the Social Security Code and issue clear guidelines for private sector employers. Parallelly, a comprehensive review of paternity leave is essential to promote shared parenting. Awareness campaigns, especially for HR managers, can ensure that adoptive families receive the intended benefits without bureaucratic hurdles.