The Indian government has taken a significant step towards inclusivity by amending the Central Civil Services (Leave) Rules, 1972 to provide 180 days of maternity leave to women government employees who have children born through surrogacy. This change, effective immediately, grants the “commissioning mother” (the intended mother of the child born through surrogacy) the same leave benefits as women who give birth naturally.
Previously, there was no provision for maternity leave for women government employees who had children through surrogacy. The amendment, announced in a notice dated June 18, 2023, by the Ministry of Personnel, Public Grievances and Pension, ensures equal treatment and support for families utilizing surrogacy.
The amendment also includes a provision for 15 days of paternity leave for the “commissioning father”, the intended father of the child born through surrogacy. This benefit is available to male government servants who have less than two surviving children.
These changes bring significant relief to families who have chosen surrogacy to build their families. It allows mothers to focus on their recovery and bond with their newborn without worrying about their employment. The provision for paternity leave encourages fathers to be more actively involved in the early stages of their child’s life.
It is important to note that the term “surrogate mother” refers to the woman who carries the child for the commissioning mother, and “commissioning father” refers to the intending father of the child born via surrogacy. This amendment reflects a growing understanding and acceptance of surrogacy as a valid option for family building in India.
