Supreme Court Strikes Down Age Limit for Adoptive Mothers to Claim Maternity Benefits

The Supreme Court declared Section 60(4) of the Social Security Code, 2020, unconstitutional for limiting maternity benefits to adoptive mothers of children under three months old.

The Court held that an adoptive mother’s need to bond with and care for a child remains constant regardless of the child's age.

Finding no rational nexus for the age-based distinction, the Court ruled it a violation of Articles 14 and 21. Mandating a uniform 12-week maternity benefit for all legal adoptive and commissioning mothers from the date of the child's handover.

The Court urged the Union to legislate paternity leave as a social security benefit.

[Hamsaanandini Nanduri v. UOI]