The Supreme Court on Tuesday (March 17) ruled that Section 60(4) of the Social Security Code, 2020, which restricts maternity benefits to adoptive mothers only if the adopted child is below three months of age, is unconstitutional. The Court held that adoptive mothers are entitled to 12 weeks of maternity leave regardless of the age of the adopted child.
A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan delivered the judgment. The Court read down the provision and clarified that adoptive mothers and commissioning mothers must receive maternity benefits without any age restriction on the child.
The Court stated:
“A woman who legally adopts a child, or a commissioning mother, shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.”
Earlier, the law granted this benefit only if the adopted child was “below the age of three months.”
Supreme Court on Maternity Benefits for Adoptive Mothers
The Bench held that the classification created under Section 60(4) had no rational connection with the objective of the Social Security Code, 2020. The Court noted that the need for maternal care does not change based on the age of an adopted child.
According to the Court, a woman who adopts a child above three months assumes the same maternal responsibilities as a woman who adopts a younger child. Therefore, the law cannot justify such an age-based distinction.
Justice Pardiwala observed in the judgment that the provision became practically ineffective because of the age restriction.
“The age limit renders the provision illusory and devoid of practical application,” the judgment stated.
The Court concluded that the restriction violates Articles 14 and 21 of the Constitution.
Why the Court Invalidated the Age Limit for Adoptive Mothers
In addition to deciding the constitutional challenge, the Court urged the Union Government to consider enacting legislation that recognises paternal leave as a social security benefit.
The Court stated that lawmakers should determine the duration of such leave in a way that addresses the needs of both parents.
Background of the Case on Adoptive Mothers’ Maternity Benefits
The petitioner filed the case in 2021 and originally challenged Section 5(4) of the Maternity Benefit Act, 1961. The provision, introduced through the Maternity Benefit (Amendment) Act, 2017, granted maternity leave of 12 weeks to adoptive mothers only if the adopted child was below three months of age.
On November 12, 2024, the Supreme Court issued notice to the Union Government in response to the public interest litigation filed by an adoptive mother who had adopted two children since 2017.
Later, the Social Security Code, 2020 came into force in November and repealed the Maternity Benefit Act. As a result, the challenge shifted to the corresponding provision under Section 60(4) of the 2020 Code.
Arguments Raised Before the Supreme Court
The petitioner argued that the provision was arbitrary and violated Article 19(1)(g) of the Constitution. According to the plea, the rule creates legal barriers for women who seek to adopt infants.
The petitioner also pointed to procedural timelines under the Central Adoption Resource Authority regulations. In cases involving abandoned or orphaned children, the Child Welfare Committee may take two to four months to declare a child legally free for adoption. In addition, when biological parents surrender a child, the law provides a 60-day reconsideration period.
These procedures, the petitioner argued, make it difficult for adoptive mothers to receive maternity benefits because the adoption process itself often extends beyond the three-month age limit.
Court Suggests Need for Paternal Leave Law
The Supreme Court reserved its judgment on January 29, 2025 after hearing arguments on the validity of the provision.
During the hearing, the petitioner’s counsel referred to the adoption framework under the Juvenile Justice (Care and Protection of Children) Act, 2015. Counsel argued that the law completely excludes adoptive mothers who adopt children older than three months from receiving maternity benefits.
Justice Pardiwala questioned the rationale behind fixing the age threshold at three months. The Bench asked whether any logical connection existed between that classification and the objective of the legislation.
The Union of India argued that biological mothers receive a longer leave period of 18 weeks because they require time to recover after childbirth.
However, the Court clarified that the issue before it concerned the denial of maternity benefits based solely on the age of the adopted child, not the length of leave.
The Bench also raised concerns about how an adoptive mother could care for a child adopted at an older age if the law denied maternity benefits entirely.
Case Title: Hamsaanandini Nanduri v. Union of India
Case No.: W.P.(C) No. 960/2021
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