180 Days Maternity Leave for Mothers’ Who Adopt: State of Karnataka

On the 6th of February 2020, the Karnataka State Government, Department of Finance issued a landmark order regarding maternity and paternity leave for the parents of adoptive children. The above-mentioned order stated that maternity leave of 180 days i.e. approximately six months and paternity leave of fifteen days shall be provided to the mother and father of an adoptive child respectively as similar to the maternity and paternity leave in case of biological parents. The same was done keeping in mind that adoptive parents do have a right to bond with the child as well. However, this order is applicable only in the circumstance of the child (adoptive child) being below one year of age.

In 2017, an amendment to Section 5 of the Maternity benefit Act, 1961 was introduced and passed by the Indian Parliament. The said amendment enhanced the period of maternity benefit leave for adoptive mothers as described below-

A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or commissioning mother, as the case may be.

The order by the State Government of Karnataka has been passed along the same lines as the Maternity Benefit Act (Amendment) of 2017. The said order is a good step towards the eradication of stigma attached to adoption and would encourage adoption among married couples.

Read the order passed by the State Government of Karnataka below. The same is in the vernacular.

Views are the writer’s own and do not necessarily represent the viewpoint of Volunteers’ Collective.

(This story is contributed by Ms. Sonakshi Katyal who is a law student and Law intern with the Legal aid, awareness, and education team of Volunteers’ Collective)