Historic decision of Supreme Court, maternity leave will be available even if a child older than 3 months is adopted

Maternity Leave for Adoption: Being a mother is not limited to biological relationships only. It is the name of experience, love and responsibility. Recently, the Supreme Court has given a judgment that can completely change the meaning of motherhood and family in our society. The court has clarified that adoptive mothers also have the right to maternity leave, no matter how many months old the child is. This decision is not only important from the legal point of view, but also gives a big message from the social point of view that family is not limited only to birth or biological relationships.

12 weeks maternity leave now for adoptive mothers also

The Supreme Court made it clear that adoptive mothers should be given 12 weeks of maternity leave even if the child is older than three months. Earlier, there was a provision in the Social Security Code, 2020 that only mothers of adopted children younger than three months would get maternity leave. The Supreme Court declared it unconstitutional.

“A woman who legally adopts a child or is a commissioning mother shall be entitled to maternity benefits for 12 weeks from the date of adoption of the child,” the court said. This decision is a ray of hope for those mothers who are raising their family by taking steps different from the traditional way.

new definition of family

The bench of Justices JB Pardiwala and R Mahadevan also said that the definition of family cannot be limited to biological relationships only. The court made it clear in its decision that family is not decided on the basis of biological reasons. An adopted child is no different from a natural child. Family means shared responsibility and love. This means that both society and law will now recognize that family does not depend only on the biological relationship of parent and child. Adoptive mothers and their children are entitled to the same rights and respect as the natural parents and the child.

The decision came on a petition filed by advocate Hansanandini Nanduri. She challenged Section 60(4), which allowed maternity leave only for adopted children younger than three months. The Supreme Court declared this provision unconstitutional and gave the message that the right to motherhood is not bound by any age or birth.

Suggestions also on paternity leave

The Supreme Court also underlined the importance of shared parenting in its decision. The Court advised the Central Government to consider implementing paternity leave as a social welfare measure. Its objective is to empower not only mothers but also fathers to spend time with the family and child. This step will be important towards equal responsibility and family support.

law and society together

This decision is a milestone not only for adoptive mothers but for the entire society. This suggests that the definition of motherhood and family is evolving with time and perspective. Now both law and society will recognize that the upbringing of children is not limited to birth or biological relations only, but love, care and shared responsibility constitute a family.

This decision of the Supreme Court is an inspiration for every woman who is taking steps different from the traditional path to create a family. This not only ensures the right to maternity leave, but also forces the society to think about what the meaning of family is. As important as biological bonds are, so is love, responsibility and shared parenting. After this historic decision, now adoptive mothers can also spend time with their child in the initial months without any fear, and the society will also gradually adopt this new thinking.