Daily Hot Topic
Topic : Maternity Leave for Surrogacy in India
GS-1 Mains : Society
Revision Notes
Recent Developments
- Central Civil Services (Leave) (Amendment) Rules, 2024: Allows maternity leave for commissioning mothers (intended mothers) opting for surrogacy.
- 180 days of maternity leave for commissioning mothers with less than two surviving children (government employees).
- Now both surrogate and commissioning mothers can avail 180 days of leave (if government employees).
- Paternity Leave: Commissioning fathers (government employees) can get 15 days of leave within six months of childbirth.
- Child Care Leave: Existing rule allows 730 days of leave for childcare (applicable to both parents).
Background
- “Surrogate Mother”: The woman who carries the child for the commissioning mother.
- “Commissioning Father”: The intended father of the child born through surrogacy.
- “Commissioning Mother”: The intended mother of the child born through surrogacy.
Importance and Need
- Evolving societal norms and family structures.
- Recognition of unique circumstances surrounding surrogacy.
- Equitable benefits for government employees.
- Support mothers during childbirth and facilitate bonding with newborns.
- Enhances flexibility, promotes work-life balance, and ensures efficient administration in civil services.
Challenges
- Ambiguity or variation: Maternity leave provisions might differ across jurisdictions or organizations.
- Workplace discrimination: Stigma faced by women opting for surrogacy.
- Administrative challenges: Documentation requirements and leave policy alignment.
Conclusion
- Maternity leave for surrogacy requires thoughtful consideration and proactive measures.
- Stakeholders need to:
- Ensure legal clarity.
- Provide emotional support.
- Combat discrimination.
- Streamline administrative processes.
- Promote public awareness.
- Fostering inclusivity and understanding is crucial for navigating evolving family dynamics and reproductive rights.
Related Laws
- The Maternity Benefits (Amendment) Act, 2017:
- Extended maternity leave to 26 weeks for biological mothers (from 12 weeks).
- Provided maternity leave for adoptive mothers for the first time (12 weeks).
Note:
- A woman adopting a child older than three months is not entitled to maternity leave under this Act.
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