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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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