The Bombay High Court in one of its significant ruling, has said that a woman who attains motherhood via surrogacy is entitled to maternity leave of six months.
A bench of Justices Anoop Mohta and G.S. Kulkarni saidd in their order: “Having considered rules 551(C) and (E) of Child Adoption Leave and Rules, we find that a case is made out for grant of interim relief as there is nothing in these rules, which would disentitle maternity leave to a woman, who has attained motherhood through surrogacy procedure.”
The ruling came as an interim relief to the petition filed by a woman employee of the Central Railways, who challenged the decision of authorities rejecting her leave application. The authorities were of the opinion that there is no provision in the rules to grant such leave in case of surrogacy mothers. The petitioner has applied for the maternityleave when the surrogate mother completed her 33 weeks of pregnancy.
The Court posted the matter for disposal on March 11th.