Maternity Leave for Surrogacy Cases

News Excerpt:

The Central Government has introduced significant amendments to the Central Civil Services (Leave) Rules, 1972, to extend maternity leave benefits to women government employees who have children through surrogacy.

Key Provisions of the Amended Rules:

Maternity Leave for Surrogacy Cases:

  • The new rules stipulate that women government employees can now take 180 days of maternity leave if they have children through surrogacy.
    • This provision applies to both the surrogate mother and the commissioning mother, provided they have fewer than two surviving children.

Paternity Leave for Commissioning Fathers:

  • The amended rules also provide for 15 days of paternity leave for the commissioning father,
    • Applicable within six months from the date of the child's birth, if he has fewer than two surviving children.

Child Care Leave for Commissioning Mothers:

  • Commissioning mothers with fewer than two surviving children are now entitled to childcare leave.
  • Existing rules allow both female government servants and single male government servants to take childcare leave for up to 730 days during their entire service.
  • This leave can be used to care for the two eldest surviving children for their various needs, including education and sickness.

Significance of the Amendments

  • Until now, there were no provisions for maternity leave for women government employees in cases of children born through surrogacy.
  • These amendments address this gap, ensuring that government employees who opt for surrogacy have access to the same maternity leave benefits as those who give birth naturally.

Conclusion:

  • This progressive move ensures that both surrogate and commissioning mothers can avail of maternity leave and associated benefits.
  • The amendment to the Central Civil Services (Leave) Rules, 1972, reflects the government's commitment to supporting all forms of parenthood. 
  • By extending maternity and paternity leave benefits to commissioning parents and surrogate mothers, the government acknowledges the evolving dynamics of family and parenthood, promoting inclusivity and well-being among its employees.
  • Surrogate Mother: The woman who carries the child on behalf of the commissioning mother.
  • Commissioning Mother: The intending mother of the child born through surrogacy.
  • Commissioning Father: The intending father of the child born through surrogacy.

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