Supreme Court Strikes Down Age Restriction on Maternity Benefits for Adoptive Mothers

In Hamsaanandini Nanduri v. Union of India,[1] the Supreme Court examined Section 60(4) of the Code on Social Security, 2020 (pari materia with Section 5(4) of the Maternity Benefit Act, 1961), which granted maternity benefits to adoptive mothers only if the child was below 3 months of age.

The Court held that this 3-month age restriction is unconstitutional, as it violates Articles 14 and 21 of the Constitution of India.

The judgment clarifies that maternity benefits are not limited to childbirth but extend to the broader concept of motherhood. Even in cases of adoption, the need for time to bond with the child, provide care, and support their integration into the family remains equally important, regardless of the child’s age.

On Article 14, the Court found that distinguishing between adoptive mothers based on the child’s age lacks a rational basis and excludes similarly placed individuals. On Article 21, it recognised adoption as part of a woman’s reproductive autonomy and emphasised the importance of child welfare. The Court further observed that not all emphasis is on the carrier alone and recognised that every child has the right to full development as part of Article 21.

The Court also noted that, in practice, the 3-month condition makes the benefit difficult to avail, given the timelines involved in adoption.

Additionally, the Supreme Court has urged the Government to also consider introducing paternity leave as a social security measure.

[1]  2026 SCC OnLine SC 402

We hope you have found this information useful. For any queries/clarifications, please write to us at insights@elp-in.com  or write to our authors:

Vivek Daswaney, Partner – Email – VivekDaswaney@elp-in.com

Vidya Majumdar, Associate Partner – Email – VidyaMajumdar@elp-in.com

Rajiv Xavier Rozario, Associate – Email – RajivRozario@elp-in.com