Surrogate mother eligible for Maternity leave

There are so many issues running around surrogacy in India. In the recent days Kerala High court observed that there should not be any difference for granting maternity leave for a mother even the child born through surrogacy to other woman. The court also observed that surrogacy is not illegal in India even in the absence of statutory framework.

A petition filed by a woman who is working in the Kerala government, who used a surrogate mother and the employer declined the maternity leave to look after a baby born through surrogacy. Earlier her employer rejected the petitioner’s request where it won’t allow the maternity leave for its employees who got a baby with surrogacy.

The court declared that the woman who got a baby through surrogacy was entitled to all maternity benefits post-delivery. For the benefit of the child the leave would be extended up to the child’s age is of 15 months.

With this ruling, the working women will get the official leave to look after the baby born through surrogacy.