Supreme Court strikes down law limiting maternity leave to adoption of children under 3 months

Observing that adoption is portion of the close to reproductive autonomy, the Supreme Court connected Tuesday (March 17, 2026) struck down a instrumentality which said a pistillate would beryllium eligible for maternity permission if she legally adopts a kid beneath the property of 3 months.

A Bench of Justices J.B. Pardiwala and R. Mahadevan held that an adoptive parent should beryllium entitled to maternity permission of 12 weeks, irrespective of the property of the adopted child.

“Section 60(4) of the 2020 Code, insofar arsenic it puts an property bounds of 3 months connected the property of the adoptive kid for the adoptive parent to avail maternity benefit, is violative of Articles 14 and 21 of the Constitution,” the Bench said.

The Supreme Court besides asked the Centre to travel retired with a proviso recognising paternity permission arsenic a societal information benefit.

The Supreme Court’s judgement came connected a plea filed by advocator Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code that allows 12 weeks of maternity permission lone if an adoptive parent adopts a kid beneath 3 months of age.