Supreme Court Strikes Down Age Limit for Maternity Leave for Adoptive Mothers

May 16, 2026

OVERVIEW

On 17 March 2026, the Supreme Court of India delivered a very important judgment. A two-judge bench of Justices J.B. Pardiwala and R. Mahadevan struck down Section 60(4) of the Code on Social Security, 2020. This section had given 12 weeks of maternity benefit only when the adopted child was below three months of age. The Court said this age limit is unfair. It said adoptive mothers are entitled to 12 weeks of maternity leave no matter how old the child is at the time of adoption. The Court found the old rule violated Article 14 (equality) and Article 21 (right to life and dignity) of the Constitution.

THE SUPREME COURT JUDGMENT

The case was Hamsaanandini Nanduri v. Union of India . The Supreme Court gave its judgment on 17 March 2026 . The bench had two judges: Justice J.B. Pardiwala and Justice R. Mahadevan . They struck down Section 60(4) of the Code on Social Security, 2020 . This is a big win for adoptive mothers across India.

MATERNITY BENEFIT FOR ADOPTIVE MOTHERS – WHAT CHANGED?

Before the judgment:

Section 60(4) gave 12 weeks of maternity benefit only if the adopted child was below three months of age .
If the child was older than three months at the time of adoption, the mother got no leave.

After the judgment:

Adoptive mothers are entitled to 12 weeks of maternity leave .
The child’s age at adoption does not matter anymore.
The restriction based on age is gone.

WHY DID THE COURT STRIKE DOWN THE RULE?

The Court found that the three-month age restriction violated two important parts of the Constitution:

Article 14 – Equality before law. The old rule treated adoptive mothers differently based only on the child’s age. The Court said this was unfair discrimination.

Article 21 – Right to life and personal liberty. The Supreme Court has often said that Article 21 includes the right to dignity . Denying maternity leave to an adoptive mother hurts her dignity and her ability to bond with the child.

The Court also noted that the legal process of adoption often takes time. By the time the adoption is final, the child may already be over three months old. The old rule punished mothers for delays beyond their control.

WHAT IS THE CODE ON SOCIAL SECURITY, 2020?

The Code on Social Security, 2020 is one of four labour codes passed by Parliament. It brings together many old laws related to social security. It covers: