In a groundbreaking decision, the Orissa High Court has directed the state government to provide maternity leave to surrogate mothers, emphasizing that maternity benefits should not depend on the method of becoming a parent.

A single-judge bench ruled in favor of Supriya Jena, an Orissa Finance Service (OFS) officer, granting her 180 days of maternity leave following her parenthood through surrogacy.

"Maternity leave should be extended to employees who become mothers via surrogacy to ensure equal treatment and support for all new mothers, regardless of their path to parenthood," stated Justice S K Panigrahi.

Jena had filed a petition in 2020 after the Odisha government denied her maternity leave. The court's decision on June 25 highlighted that if maternity leave is granted to adoptive mothers, it should similarly apply to surrogate mothers.

"The early period after childbirth is crucial for a mother's bonding and caregiving, essential for the child's development. Therefore, the right to life under Article 21 of the Constitution encompasses the right to motherhood and the child's right to full development," Justice Panigrahi affirmed.

The bench also instructed the state government to incorporate these principles into relevant regulations to ensure equitable treatment of mothers.

"The concerned department of the state is directed to include provisions in the rules to treat children born through surrogacy on par with naturally born children, providing all applicable benefits to the commissioning mother," the judge elaborated.

Justice Panigrahi underscored that granting maternity leave to surrogate mothers allows them essential time to establish a nurturing environment for their children.

"Moreover, international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women, which India has ratified, mandate equal treatment and non-discrimination in employment and maternity matters," he added.

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