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Maternity Leave for Adoptive Mothers
May 18 , 2026
15 hrs 0 min
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- The Supreme Court of India expanded maternity leave benefits for adoptive mothers in the case Hamsaanandini Nanduri vs Union of India.
- The Court struck down Section 60(4) of the Code on Social Security, 2020, which allowed maternity leave only if the adopted child was below three months of age.
- Adoptive mothers are now entitled to 12 weeks of maternity leave irrespective of the child’s age at the time of adoption.
- The judgment stated that the restriction violated Article 14 (Right to Equality) and Article 21 (Right to Life and Dignity) of the Constitution.
- The Code on Social Security, 2020, is one of the four labour codes that combine laws related to social security, maternity benefits, provident fund, and gratuity.
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