Central Govt Grants 180 Days Maternity Leave For Surrogacy & Adoption

The Central government has announced significant new policies for mothers who have children through surrogacy and for parents who adopt these children.

According to a gazette notification issued on Sunday, female central government employees are now entitled to 180 days of maternity leave in cases of surrogacy. This leave is also available to the commissioning mother, who adopts the child.

The notification states, "In the case of surrogacy, both the surrogate and the commissioning mother, provided they have fewer than two surviving children, may be granted 180 days of maternity leave if either or both are government employees."

Additionally, the commissioning father is eligible for 15 days of paternity leave. The notification specifies, "In the case of a child born through surrogacy, the commissioning father who is a male government servant with fewer than two surviving children may be granted 15 days of paternity leave within six months of the child's birth."

These changes were made by amending the Central Civil Services (Leave) Rules, 1972. Previously, there were no provisions for maternity leave in cases of surrogacy, despite the practice being legal since 2002.

In February, the government revised the Surrogacy (Regulation) Rules, 2022, to allow married couples to use donor sperm or eggs if one partner has a medical condition.