The Supreme Court of India has declared the 3-month age cap for adoptive mothers' maternity leave unconstitutional. Justices Pardiwala and Mahadevan ruled that Section 60(4) of the Social Security Code violates the Right to Equality, ensuring all adoptive mothers receive 12 weeks of leave to bond with their children.  

Supreme Court rules adoptive mothers entitled to 12 weeks maternity leave, regardless of child's age, and calls for paternity leave recognition.

New-Delhi: The Supreme Court on Tuesday ruled that Section 60(4) of the Code on Social Security, 2020, which allowed adoptive mothers to avail 12 weeks'

Get latest articles and stories on India at LatestLY. A bench of Justices JB Pardiwala and R. Mahadevan observed that the object of maternity benefits is intrinsically linked to motherhood. In this context, adoptive mothers of children above three months are similarly situated to those adopting younger infants, as both require time for bonding, caregiving and adjustment, the Court noted. India News | Reproductive Autonomy Extends Beyond Biological Birth: SC Strikes Down 3-month Adoption Bar to Avail Maternity Leave.