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‘Maternity leave can’t be denied for adopting older than 3 months’: Supreme Court

  • Supreme Court says maternity leave cannot be denied for adopting child older than three months
  • Strikes down Section 60(4) of Social Security Code as unconstitutional restriction
  • Court recognises adoptive motherhood as equal to biological parenthood under law

17 Mar 2026

‘Maternity leave can’t be denied for adopting older than 3 months’: Supreme Court

The Supreme Court of India has ruled that a woman cannot be denied maternity leave if she adopts a child older than three months, stressing that an adopted child is no different from a biological child. The court observed that maternity protection is a basic human right and applies equally to all forms of parenthood.

In its judgment, the court struck down Section 60(4) of the Social Security Code as unconstitutional. The provision had limited maternity benefits to women adopting children below the age of three months, excluding those adopting older children.

The court emphasised that non-biological ways of forming a family are legally recognised and must receive equal protection under the law, reinforcing the rights of adoptive mothers across the country.

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‘Maternity leave can’t be denied for adopting older than 3 m
Supreme Court says maternity leave cannot be denied for adopting child older than three months Strikes down Section 60(4) of Social Security Code as unconstitut





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