Top court removes 3-month adoption limit, calls it violation of fundamental rights
March 17, 2026: In a significant ruling, the Supreme Court of India held that adoption is part of a woman’s reproductive autonomy and struck down a law that restricted maternity leave based on the child’s age. A bench of Justices J B Pardiwala and R Mahadevan ruled that adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the age of the child.
The court declared that Section 60(4) of the Social Security Code 2020—which allowed maternity benefits only if the adopted child was below three months—violates Articles 14 and 21 of the Constitution. The judgement emphasised that such a restriction is discriminatory and undermines the rights of adoptive mothers.
The ruling came in response to a petition filed by advocate Hamsaanandini Nanduri. The court also urged the Centre to introduce provisions recognising paternity leave as a social security benefit, signalling a broader push toward more inclusive parental policies.