Adoptive Mothers' Rights Under Maternity Benefit: Supreme Court's Landmark Ruling

Introduction

In a significant ruling, the Supreme Court of India addressed the rights of adoptive mothers concerning maternity benefits under the Maternity Benefit Act, 1961, as amended by the Code on Social Security, 2020. The Court found that Section 60(4) of the 2020 Code, which limited maternity benefits to women adopting children below the age of three months, was unconstitutional. This judgment not only affirms the rights of adoptive mothers but also emphasizes the importance of recognizing diverse family structures in contemporary society.

Case Background

The petitioner, Hamsaanandini Nanduri, an adoptive mother of two children, filed a writ petition under Article 32 of the Constitution, challenging the constitutionality of Section 60(4) of the 2020 Code. This provision restricted maternity benefits to women who legally adopt a child below the age of three months. The petitioner argued that this limitation was arbitrary and discriminatory, violating her rights under Articles 14, 19(1)(g), and 21 of the Constitution.

The Court noted that the petitioner sought to amend her writ petition to challenge the newly enacted provision, which was allowed. The case raised critical questions about the rights of adoptive mothers and the need for equitable treatment in the context of maternity benefits.

What The Lower Authorities Held

The lower authorities had upheld the provisions of the 2020 Code, arguing that the age limit was reasonable and aimed at balancing the rights of adoptive mothers with the concerns of employers. They contended that children older than three months do not require the same level of intensive caregiving as infants, thus justifying the distinction.

The Court's Reasoning

The Supreme Court, in its judgment, emphasized that maternity protection is a fundamental human right that recognizes the essential role of mothers in the early development of children. The Court highlighted that the purpose of maternity benefits is to support women during the critical phase of motherhood, ensuring economic security and enabling them to fulfill their caregiving responsibilities without fear of losing their employment.

The Court examined the legislative intent behind the Maternity Benefit Act and the 2020 Code, noting that the provisions were designed to promote gender equality and protect the rights of women in the workforce. The Court found that the distinction created by Section 60(4) was arbitrary and lacked a rational basis, as it failed to recognize the emotional and psychological needs of both adoptive mothers and their children, regardless of the child's age.

Statutory Interpretation

The Court interpreted the provisions of the Maternity Benefit Act and the 2020 Code in light of constitutional principles, particularly the right to equality under Article 14. The Court held that the classification between adoptive mothers based on the age of the child was unreasonable and discriminatory. It emphasized that the right to maternity benefits should extend to all mothers, irrespective of how they become mothers, whether through biological means or adoption.

CONSTITUTIONAL OR POLICY CONTEXT

The ruling also underscored the importance of recognizing diverse family structures and the evolving nature of parenthood in contemporary society. The Court acknowledged that motherhood is not solely defined by biological factors but encompasses emotional bonds and caregiving responsibilities that are equally significant in the context of adoption.

Why This Judgment Matters

This judgment is a landmark decision that reinforces the rights of adoptive mothers and recognizes the importance of equitable treatment in the context of maternity benefits. It sets a precedent for future cases involving the rights of parents, particularly in the context of adoption, and emphasizes the need for laws that reflect the realities of modern family structures.

Final Outcome

The Supreme Court declared Section 60(4) of the 2020 Code unconstitutional to the extent that it imposed an age limit on the eligibility for maternity benefits for adoptive mothers. The Court directed that the provision should be read as entitling any woman who legally adopts a child to maternity benefits, irrespective of the child's age.

Case Details

• Case Title: Hamsaanandini Nanduri vs. Union of India & Ors.
• Citation: 2026 INSC 246 (Reportable)
• Court: IN THE SUPREME COURT OF INDIA
• Bench: Justice J.B. Pardiwala, Justice R. Mahadevan
• Date of Judgment: 2026-03-17