'Adoptive, Biological Mothers Equal; No Maternity Leave Discrimination': Chhattisgarh High Court

The Chhattisgarh High Court recently observed that adoptive mothers are entitled to the same maternity benefits as biological mothers. Court directed IIM Raipur to grant 180 days of child adoption leave to an Assistant Administrative Officer who had been denied the benefit despite adopting a two-day-old baby.

The bench of Justice Bibhu Datta Guru observed, "A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy/adoption".

Court added that there is “no distinction between natural, biological, surrogate or commissioning/adoption mothers,” and all have a fundamental right to life and motherhood under Article 21 of the Constitution.

Court allowed the petition by Lata Goyal who had adopted a two-day-old girl in November 2023 and applied for 180 days of leave as per Rule 43-B of the Central Civil Services (Leave) Rules, 1972. However, IIM Raipur granted only 84 days under the Maternity Benefit Act, claiming its HR policy did not provide for child adoption leave. The court rejected this argument, pointing out that the institute’s own policy stated that Central Government rules would apply where the policy is silent.

"The subject leave allows women to focus entirely on development of their children, free from the pressure of work. For this reason, child adoption/child care leave is not just a benefit but a right," the court observed, underlining that denying such leave can force women out of the workforce and amounts to a violation of fundamental rights under Articles 14, 15, 19(1)(g), and 21.

Calling motherhood a matter of dignity, not biology, the court emphasized that every child—whether born biologically or adopted—has a right to care, protection, love, and affection. It also cited international conventions like CEDAW and Supreme Court rulings to reinforce that maternity leave must be extended to adoptive mothers in the same manner as biological ones.

Quashing the orders denying leave, the court directed IIM Raipur to adjust the previously granted leave and allow the remaining period of the 180-day entitlement under Rule 43-B.A woman cannot be denied maternity benefits simply because she became a mother through adoption or surrogacy

Case Title: Lata Goyal vs UOI and Another