Government Employees to Receive Extended Maternity and Child Care Leave for Surrogacy

In a significant amendment to the Central Civil Services (Leave) Rules, 1972, commissioning mothers opting for surrogacy will now be entitled to 180 days of maternity leave. This revision extends childcare leave to commissioning mothers with fewer than two surviving children, marking a departure from the previous 50-year-old regulation. Commissioning fathers are also granted 15 days of paternity leave under the amended rules.

Key Amendments and Provisions

Maternity Leave for Commissioning Mothers

Commissioning mothers, defined as those with fewer than two surviving children, can now avail 180 days of maternity leave in cases of surrogacy. This applies to both the surrogate and the commissioning mother if they are government servants.

Paternity Leave for Commissioning Fathers

Commissioning fathers who are male government servants with fewer than two surviving children are eligible for 15 days of paternity leave within six months from the child’s delivery date.

Child Care Leave

Commissioning mothers with fewer than two surviving children can also take advantage of child care leave as per the amended rules.

Surrogacy (Regulation) Rules of 2022

The amended rules also align with the Surrogacy (Regulation) Rules of 2022, allowing married couples to use donor eggs or sperm when one partner faces a medical condition. The rules mandate verification by the District Medical Board to confirm the medical necessity for the use of donor gametes.