Supreme Court seeks Centre’s reply on restrictive benefits for adoptive mothers

The Supreme Court on Tuesday directed the central government to clarify its policy on maternity benefits for adoptive mothers, specifically in cases where the adopted child is below three years of age.
The top court ruling came after a hearing on a plea challenging Section 5(4) of the Maternity Benefit (Amendment) Act, 2017. The current law grants adoptive mothers 12 weeks of maternity leave only if the adopted child is younger than three months.
A bench comprising Justices JB Pardiwala and Pankaj Mithal questioned the rationale behind this restriction and gave the Centre four weeks to submit an affidavit explaining its position on the matter.
“What is the purpose of stipulating that the child must be under three months of age? The intent of maternity leave is to allow a mother to care for her child, regardless of whether she is a biological or adoptive mother,” Justice Pardiwala said.
Under the existing provisions of the Maternity Benefit Act, 1961, adoptive mothers are eligible for 12 weeks of maternity leave only if their adopted child is under three months old. This means mothers adopting children older than three months are ineligible for these benefits.
The Central Adoption Resource Authority (CARA) regulations also play a role in the adoption process. Under CARA, abandoned or orphaned children must be declared legally available for adoption by the Child Welfare Committee (CWC) within two to four months, depending on the child’s age.
For children who are voluntarily surrendered, parents have a 60-day period to reconsider their decision before the child can be declared legally free for adoption.
The lengthy process often makes it difficult for adoptive mothers to meet the current legal requirement of adopting a child under three months to receive maternity benefits.
The Public Interest Litigation (PIL), filed by Hamsaanandini, an adoptive mother since 2017, who is raising two children, challenged the constitutionality of Section 5(4) of the Maternity Benefit Act, arguing that it unfairly discriminates against adoptive mothers by limiting benefits to those adopting infants under three months.
Hamsaanandini claimed that the current provisions fail the non-arbitrariness standard under Part III of the Constitution, which prohibits discrimination based on factors such as caste, religion, and gender.
She also argued that the policy contradicts the Juvenile Justice Act and Adoption Regulations, which govern the legal process for adoption. According to these laws, the timeline to declare a child legally free for adoption cannot realistically align with the three-month age restriction set by the Maternity Benefit Act.
Consequently, adoptive mothers are often left without adequate support to care for their children in the critical initial months post-adoption, the plea claimed.
Hamsaanandini also contended that the current policy is incompatible with India’s international obligations and infringes on Article 19(1)(g) of the Constitution, which protects citizens’ right to practice their profession, trade, or occupation.
By limiting maternity benefits based on the child’s age, the provision allegedly imposes an unreasonable condition that restricts an adoptive mother’s ability to balance professional and parental responsibilities.
The petitioner also highlighted that it is nearly impossible to adopt an orphaned or abandoned child younger than three months due to procedural delays, thereby placing an undue burden on adoptive parents seeking maternity benefits.