In a major policy shift, the Indian government has extended maternity leave benefits to women government employees who welcome children through surrogacy. This change comes after amendments made to the Central Civil Services (Leave) Rules, 1972, which had previously excluded surrogacy from maternity leave entitlements.
Key Points of the Amendment
- Maternity Leave for Surrogate and Commissioning Mothers: Both the surrogate mother (the woman carrying the child) and the commissioning mother (the intended parent) can avail 180 days of maternity leave if they are government employees with less than two surviving children.
- Child Care Leave for Commissioning Mothers: The commissioning mother is now eligible for the same child care leave benefits as a biological mother under the existing regulations. This allows them to take extended leave after the initial maternity period for child-rearing purposes.
- Paternity Leave for Commissioning Fathers: The government now recognizes paternity leave for commissioning fathers who are government employees. They can avail 15 days of leave within six months of the child’s birth.
Prior to this amendment, government employees who became parents through surrogacy lacked access to maternity leave. This change provides crucial support for both the surrogate and the commissioning mother during the critical newborn period.
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Additional Considerations
- Eligibility: The 180-day maternity leave and child care leave benefits apply only to government employees. Private sector policies may differ.
- Documentation: It’s advisable to consult with the relevant department regarding the specific documentation required to claim maternity and child care leave for surrogacy cases.
- Surrogacy Regulations: Surrogacy in India is a complex legal process with strict regulations. It’s crucial to understand and comply with these regulations before pursuing surrogacy as an option.
Looking for More Information?
- The Ministry of Personnel, Public Grievances and Pension website likely provides the official notification regarding the amendment.
- Resources from the Ministry of Health and Family Welfare can offer details on the legal framework surrounding surrogacy in India.
Conclusion
This amendment represents a positive step forward in recognizing the needs of families formed through surrogacy. By providing both the surrogate and commissioning mother with adequate leave, the government ensures they have time to recover and bond with their newborn child.
