In a significant policy update, women government employees in India can now take up to 180 days of maternity leave for children born via surrogacy. This comes after recent amendments by the Centre to the Central Civil Services (Leave) Rules, 1972, which had been in place for 50 years.

The revised rules clarify that a "surrogate mother" is the woman who carries the child for the "commissioning mother," the intending mother of the child born through surrogacy. Similarly, the "commissioning father" refers to the intending father.

As per the amendment, the commissioning mother is eligible for the same child care leave as a biological mother. Additionally, the government now grants a 15-day paternity leave to the commissioning father.

A notice dated June 18 from the Ministry of Personnel, Public Grievances and Pension states, “In case of surrogacy, the surrogate and the commissioning mother, if either or both are government servants with fewer than two surviving children, may be granted 180 days of maternity leave.”

Prior to this amendment, women government employees who became parents through surrogacy were not entitled to maternity leave. This change provides much-needed relief to both the surrogate and commissioning mother, ensuring they can take time off to care for their newborns.

The notice also specifies that the commissioning father, a male government servant with fewer than two surviving children, is eligible for 15 days of paternity leave within six months of the child's birth.

The current regulations also allow "a female government servant and single male government servant" to take up to 730 days of child care leave during their service to care for their two eldest surviving children. These leaves can be utilized for raising children or addressing their needs, such as education or illness.

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