‘No 3-Month Limit Now’: SC Removes Child Age Cap For Adoptive Mothers’ Maternity Leave, What The Apex Court Said On Parenthood?

In a landmark ruling strengthening the rights of adoptive parents, the Supreme Court of India on Tuesday struck down a legal provision that restricted maternity leave benefits for adoptive mothers only if they adopted children below three months of age.

The court declared the age restriction unconstitutional and ruled that all adoptive mothers are entitled to 12 weeks of maternity leave from the date of adoption, irrespective of the child’s age. The bench held that the earlier rule was discriminatory toward both adoptive mothers and children.

A bench comprising Justice J. B. Pardiwala and Justice R. Mahadevan emphasised that adoption is as meaningful as biological parenthood and should receive equal legal recognition.

SC Strikes Down 3-Month Age Cap for Adoption Leave

The court examined Section 60(4) of the Code on Social Security, 2020, which allowed maternity benefits for adoptive mothers only if the adopted child was below three months old.

Calling the provision discriminatory, the bench ruled that such an age-based classification violates Article 14 of the Constitution of India (right to equality) and Article 21 of the Constitution of India (right to life and personal liberty).

“Adoption is an equally meaningful pathway for creating a family… biological factors cannot exclusively determine familial values and entitlements,” the court observed.

With this verdict, adoptive mothers will now be eligible for 12 weeks of maternity leave from the date they bring the child home, regardless of the child’s age.

Court Says Parenthood Is Not Limited to Biology

The bench underlined that the purpose of maternity leave is not limited to childbirth but also includes bonding, caregiving, and helping a child settle into a new family environment.

“A mother cannot be differentiated between one who brings home a child less than three months and one who adopts a child of a higher age,” the court said.

The judges also stated that reproductive autonomy is not confined to biological birth, expanding the constitutional understanding of parenthood to include adoption.

Child’s Welfare Must Come First

The court placed strong emphasis on the best interests of the child, noting that older children especially those adopted from institutional care often require more time to emotionally adjust to a new family.

According to the bench, denying maternity leave in such cases not only disadvantages adoptive mothers but also undermines the developmental and emotional needs of adopted children.

“The paramount consideration has to be the best interest of the child… including the period required for the child to integrate into the new family,” the court observed.

Petition Challenging the Law

The verdict came in response to a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri, who challenged the provision as arbitrary and exclusionary.

Her plea pointed out that India’s adoption framework rarely allows adoption of children below three months, making the maternity leave benefit practically inaccessible for most adoptive mothers.

The challenge also traced the restriction to the Maternity Benefit Act, 1961, which was later reproduced in the Code on Social Security, 2020.

The Centre, represented by Additional Solicitor General K. M. Nataraj, had defended the provision, but the Supreme Court had agreed in December 2025 to examine its constitutional validity.

Supreme Court Suggests Paternity Leave

While delivering the verdict, the Supreme Court of India also urged the Union government to consider introducing paternity leave as a social security benefit.

The court noted that caregiving responsibilities should not fall solely on mothers and that a gender-neutral approach to parental leave would better support families and child welfare.

A Landmark Step Toward Inclusive Parenthood

The ruling marks a significant step toward recognising adoption as an equal path to parenthood and ensuring that adoptive families receive the same legal protections as biological families.

By removing the three-month age cap, the court has ensured that maternity benefits serve their core purpose supporting the well-being of both parent and child during the crucial early phase of family bonding.

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