Odisha, 5 June: In a landmark verdict, the Orissa High Court directed the state government to grant 180 days of maternal leave to a surrogate mother, ensuring equal treatment for all new mothers. The ruling also underscored that leave privileges should not be determined by the method of motherhood. This ruling was in response to a case where an Odisha Finance Service Officer was denied 180 days of maternity leave after becoming a mother through surrogacy. 

According to a report by Times Of India, The single bench of Justice S K Panigrahi ruled that maternity leave should be granted to employees who become mothers through surrogacy, ensuring equal treatment and support for all new mothers regardless of their method of becoming parents. Surrogacy and Maternity Leave Rules: Government Amends Surrogacy Rules, Govt Employees To Get Six-Month Break.

Officer Supriya Jena filed a petition in court back in 2020 when the Odisha government rejected her maternity leave on grounds of her being a surrogate mother.  The court turned in her favour on June 25, directing the government to grant leave to a surrogate mother, which is similar to an adoptive mother. Surrogacy and Maternity Leave Rules: Government of India Amends Central Civil Services (Leave) (Amendment) Rules, Surrogate and Commissioning Mothers To Get 180 Days Maternity Leave.

Justice Panigrahi emphasised,” The initial period after the birth of a child is crucial for the mother's involvement in caregiving and nurturing, which is pivotal for the child's development. The court's recognition of this fact is a testament to its understanding of the issue. Accordingly, the right to life under Article 21 of the Constitution includes the right to motherhood and also the right of every child to full development” 

The court also directed the government to incorporate these aspects in the relevant rules to treat all mothers equally. "It is directed to the concerned department of the state to incorporate this aspect in the relevant provisions of the rules to treat a child born out of surrogacy in a similar manner as a child born out of the natural process and provide the commissioning mother with all the benefits provided thereto," He added.  

(The above story first appeared on LatestLY on Jul 05, 2024 02:44 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).