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).


  • “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.


  • 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.


  • 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).


  • A woman adopting a child older than three months is not entitled to maternity leave under this Act.


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