SC makes adoption leave fairer, prods government on parental leave
The Supreme Court, in its recent verdict in Hamsaanandini Nanduri, removed the three-month age limit on maternity leave for adoptive mothers, calling it arbitrary and discriminatory. It thus made an important and overdue change to India’s social security framework. Earlier, only women who adopted infants below three months of age were eligible for maternity benefits. In practice, however, most adoptions take longer, leaving many adoptive parents excluded. By removing this limit, the court has reaffirmed that maternity leave is not only about childbirth, but also about caregiving and the needs of the child.
The judgement places significant emphasis on the importance of bonding, emotional security and adjustment in adoptive families. Children who are adopted—as infants or older—require time and care to settle into new environments. By recognising this, the court brings adoptive motherhood closer to biological motherhood in terms of legal protection, while grounding its reasoning in the best interests of the child.
The ruling also has important implications for women’s equality in the workplace. Striking down an arbitrary restriction removes a barrier that could disrupt women’s employment and financial stability. In a country where female workforce participation remains low, such exclusions have wider consequences—not only for women’s careers, but also for their ability to consider adoption without risking job security. The judgement can also be seen as reinforcing the legitimacy of adoptive families, moving beyond narrow, biological definitions of parenthood.
Beyond the immediate legal change, the decision highlights broader gaps in India’s parental leave framework. The court notes the absence of paternity leave and underscores the importance of shared caregiving responsibilities. Recognising paternity leave as part of a more comprehensive social security framework could help redistribute unpaid care work, support women’s continued participation in the workforce, and improve outcomes for children.
This ruling should be seen as a beginning, not the final step. If implemented effectively—and complemented by more inclusive, gender-neutral parental leave policies and stronger childcare support—it has the potential to make workplaces more equitable and adoption more accessible. It also offers policymakers an opportunity to rethink labour laws so they reflect the realities of modern families. A more inclusive parental leave system would not only reduce stigma around adoption but also promote dignity, equality, and shared responsibility in caregiving across India.