Surrogate mothers also have right to avail maternity leave, says Orissa HC

Orissa High Court has recently ruled that female employees who become mothers through surrogacy have the same right to maternity leave and other benefits as provided to natural and adoptive mothers.

The single judge bench of Justice S K Panigrahi gave the ruling on June 25 while hearing a petition filed by Supriya Jena, a female Odisha Finance Service (OFS) officer, in 2020.

Jena became a mother through surrogacy, but she was denied 180 days maternity leave by her higher authority in the Odisha government. So, she moved the high court against the government.

The court observed that a leave of 180 days is granted to female government servants on the adoption of a child up to one year of age in line with maternity leave as admissible to natural mothers for proper care of the adopted child.

However, there is no provision for maternity leave for the purpose of rearing a child blessed through surrogacy, it said.

"If the government could provide maternity leave to an adoptive mother, it