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Here's why govt extended maternity leave for staff for 6 months in case of surrogacy

Here's why govt extended maternity leave for staff for 6 months in case of surrogacy

Previously, there were no clear guidelines regarding maternity leave for surrogacy cases within the Central Civil Services. This often left intending mothers and surrogates in a precarious position, lacking the necessary time to recover and bond with the newborn child.

The bench pointed out "the contradiction in denying employment based on pregnancy" while also recognising maternity leave as a fundamental right. The bench pointed out "the contradiction in denying employment based on pregnancy" while also recognising maternity leave as a fundamental right.

The central government has announced a new policy granting six months (180 days) of maternity leave to women employees who welcome children through surrogacy. This policy change applies not only to the intending mother but also to the surrogate mother if she is a government employee.

Previously, there were no clear guidelines regarding maternity leave for surrogacy cases within the Central Civil Services. This often left intending mothers and surrogates in a precarious position, lacking the necessary time to recover and bond with the newborn child.

The new policy, outlined in the amended Central Civil Services (Leave) Rules, 1972, offers 180 days of maternity leave to both the commissioning mother (the woman intending to raise the child) and the surrogate mother, provided they are government employees and have less than two surviving children. This amendment acknowledges the physical and emotional demands of childbirth, ensuring both mothers have ample time for recovery and adjustment.

"In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants," read the amended rules notified by the Personnel Ministry.

"In case of a child begotten through surrogacy, the commissioning father who is a male government servant with less than two surviving children may be granted paternity leave of 15 days within 6 months from the date of delivery of the child," the new rules said.

The policy goes a step further by including "commissioning fathers" as well. Fathers are now entitled to 15 days of paternity leave within six months of the child's birth.

According to current rules, "a female government servant and single male government servant" can take up to 730 days of child care leave during their entire service. This leave is meant for taking care of their two eldest surviving children, including their needs such as education and sickness.

The amended rules from the Personnel Ministry clarify that a "surrogate mother" is the woman who carries a child for the commissioning mother, and a "commissioning father" is the intending father of the child born through surrogacy.

Published on: Jun 24, 2024, 2:04 PM IST
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