New govt rule grants 6 months maternity leave in cases of surrogacy

New Delhi: Women government employees can now take 180 days of maternity leave if they have children through surrogacy, following amendments to a 50-year-old rule announced by the Centre.

The amended Central Civil Services (Leave) Rules, 1972, also allow the “commissioning mother” (the intending mother of the child born through surrogacy) to take child care leave. Additionally, the “commissioning father” is granted 15 days of paternity leave.

“In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants,” state the amended rules notified by the Personnel Ministry.

Previously, there were no provisions for maternity leave for women government employees if a child was born through surrogacy.

The new rules specify that “in case of a child begotten through surrogacy, the commissioning father who is a male government servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.”

Furthermore, the commissioning mother with less than two surviving children may be granted child care leave. These changes are part of the Central Civil Services (Leave) (Amendment) Rules, 2024, notified on June 18.

Under existing rules, a female government servant and single male government servant are entitled to child care leave for a maximum period of 730 days during their entire service. This leave is meant for taking care of their two eldest surviving children for purposes such as education, sickness, and other needs. The amended rules also clarify the definitions: a “surrogate mother” is the woman who bears the child on behalf of the commissioning mother, and the “commissioning father” is the intending father of the child born through surrogacy.