Government grants 180 days maternity leave for surrogacy, Paternity leave Introduced

In a move signifying a progressive shift in parental leave policies, the Central Government has amended the Central Civil Services (Leave) Rules, 1972, to provide extended maternity leave benefits to surrogate mothers and commissioning parents employed in government services. The notification, issued by the Department of Personnel & Training on June 18th, marks a significant step towards recognizing and supporting diverse family structures.

Under the revised rules, a surrogate mother who is a central government employee will now be entitled to 180 days of maternity leave, mirroring the leave granted to biological mothers. Similarly, commissioning mothers, defined as women who opt for surrogacy and have fewer than two living children, will also be eligible for 180 days of maternity leave.

Significantly, the amended rules introduce paternity leave provisions for commissioning fathers for the first time in surrogacy cases. A commissioning father, employed by the central government and with fewer than two living children, will now be entitled to 15 days of paternity leave. This leave can be availed within six months of the child’s birth.

These amendments come on the heels of several significant developments in India’s surrogacy laws. Surrogacy, legalized in 2002, remained largely unregulated until the Surrogacy (Regulation) Rules were passed in 2022. Further amendments in February 2024 addressed specific aspects of the law. These amendments permitted married couples facing medical conditions to utilize donor eggs or sperm for surrogacy, broadening access to assisted reproductive technologies.

You might also be interested in – Sikkim government employees to get 12-month maternity leave and 1-month paternity leave