Moms of surrogate babies can get maternity leave: Delhi High Court; Saturday, July 18, 2015

In a landmark verdict the Delhi high court on Friday ruled that surrogate mothers who have children through surrogacy are entitled to maternity leave which includes pre- and post-natal period. The judgment came on the plea of a central government female employee who became mother of twins by way of surrogacy pregnancy but was denied 180-day maternity leave on the ground she wasn’t the biological mother.

Reasoning that the commissioning mother is the legal mother of the child, HC laid down guidelines and filled a vaccum in law since the Centre or state governments have no maternity benefit policy for surrogate mothers.

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