On Thursday, March 4, 2021, the High court of Himachal Pradesh gave a landmark verdict about the entitlement of maternity benefits on extraordinary grounds like surrogacy. High court entitled to avail maternity leaves benefits under Rule 43(1) of CCS (Leave) Rules, 1972.
This judgment will give relief and hope to thousands of infertile couples and single parents who are not going for surrogacy due to the unavailability of maternity leaves. After this verdict, the woman who is unable to give birth to their own child can avail the services of a surrogate mom for their child and also entitled to the maternity leaves benefits to take care of their newborn baby.
Court also observed that only Maternity cannot be a parameter to distinguish between a natural and biological mother. Maternity leave is intended to protect motherhood by providing a healthy environment for the mother and her child, which gives a bonding to the mother and her child.
Women cannot be deprived with maternity benefits only on the ground that she is not the biological mother of the child, because the newly born child also requires love and care of his mother.
With this verdict, we can expect starting of a new era in surrogacy.