Adoptive Mothers entitled to Equal Maternity benefits regardless of child’s age, says SC

On Tuesday, the Supreme Court struck down a provision in the Social Security Code, 2020, that restricted maternity benefits for adoptive mothers to cases where the child was below three months of age. The Court held the classification unconstitutional, marking a significant step in recognising adoption as equal to biological motherhood and expanding the scope of reproductive and parental rights.

The case arose from a public interest litigation challenging the age-based restriction on maternity benefits for adoptive mothers, which was carried forward from the Maternity Benefit Act, 1961, into Section 60(4) of the Social Security Code, 2020. The Petitioner argued that limiting benefits only to mothers adopting infants below three months created an arbitrary distinction and ignored the realities of adoption procedures, where children are often legally cleared for adoption at a later stage. It was also contended that the provision undermined both the rights of adoptive mothers and the welfare needs of children requiring care, integration, and emotional support within a new family.

The Court found the classification to be devoid of any rational basis, emphasising that motherhood is not defined by biology alone. It observed that “the purpose of maternity protection does not vary with the manner in which the child is brought into the life of the mother,” and held that adoptive mothers, irrespective of the child’s age, are similarly situated in terms of caregiving responsibilities. The Court further underlined that “adopted child is not different from natural child,” rejecting the notion that benefits could be restricted based on age at adoption. Noting that most children become eligible for adoption only after three months, the Court held the provision to be impractical and discriminatory.

Accordingly, it struck down the restriction and clarified that adoptive mothers are entitled to 12 weeks of maternity benefit from the date the child is handed over.

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