Rajasthan Grants 180-Day Maternity Leave To Surrogate Mothers

The Rajasthan government has made a significant change to its service rules, granting maternity leave to surrogate and commissioning mothers working as state government employees.

According to a notification issued by the state government, female government employees between the ages of 25 and 35 years who become surrogate mothers will be entitled to 180 days of maternity leave. This benefit will only apply to approved surrogacy procedures prescribed under the Surrogacy (Regulation) Act 2021.

The employee will be required to submit a certificate issued by an authorised medical board or a competent health officer to avail this benefit. Commissioning mothers between the ages of 23 and 50 with no surviving biological, adopted, or surrogate child will also be granted 90 days of maternity leave for childcare.

This entitlement will be limited to the birth of a maximum of two children or surrogacy cases during a female employee's entire service period. The Personnel Department stated that due to the lack of clear provisions regarding surrogacy in the service rules, female employees were facing administrative difficulties in obtaining leave approvals.

Now, with the new provision, the leave process for surrogacy cases will become clearer and more systematic. The state government has directed all department heads and concerned officials to process surrogacy applications as per the rules and approve leave.

The Rajasthan High Court had previously ruled in favour of a surrogate mother's right to maternity leave in 2023. The court held that a surrogate mother has every right to avail maternity leave, citing that there can be no distinction made by the state government between a biological mother and a mother who has begotten a child through the surrogacy method.

The order was made on a petition by a school lecturer who was denied maternity leave on the ground that her children were born by surrogacy. The court said that making a difference between a natural biological mother and a surrogate/commissioning mother would amount to an insult to motherhood.

A mother cannot be discriminated against, as far as maternity leave is concerned, only because she begot the child through the process of surrogacy. This new provision is a significant step forward in recognizing the rights of surrogate and commissioning mothers in Rajasthan.

The move is expected to benefit many female government employees in the state who are struggling to balance their work and family responsibilities. It will also help to promote a more inclusive and supportive work environment for women in the state government.

In conclusion, the Rajasthan government's decision to grant maternity leave to surrogate and commissioning mothers is a welcome move that recognizes the importance of supporting women in the workplace. It is a significant step forward in promoting gender equality and providing a more supportive environment for women in the state government.