4 hrs ago
Rajasthan Grants Surrogate Mothers 180-Day Leave, Commissioning Mothers 90
Rajasthan has created clearer maternity-leave rules for government employees involved in approved surrogacy.
A surrogate mother may receive up to 180 days of leave.
A commissioning mother may receive 90 days to care for the child.
The rules apply only to surrogacy allowed under the Surrogacy (Regulation) Act 2021.
Surrogate mothers must be between 25 and 35 years old and already have a child.
Commissioning mothers must be between 23 and 50 years old and have no surviving biological, adopted, or surrogate child.
Employees must provide a certificate from an authorised medical board or health officer.
The change is intended to make leave applications easier to process after earlier administrative difficulties.
Rajasthan government employees who become surrogate mothers may receive up to 180 days of maternity leave.
Commissioning mothers may receive 90 days of leave for childcare under the revised provisions.
The rules apply to approved surrogacy procedures under the Surrogacy (Regulation) Act 2021.
Surrogate mothers must meet specified age and parenthood conditions and submit medical certification.
The provisions follow a 2023 Rajasthan High Court ruling supporting maternity leave for surrogacy-related motherhood.
- Who
- Female Rajasthan government employees who become surrogate mothers or commissioning mothers.
- What
- The state has granted up to 180 days of maternity leave to surrogate mothers and 90 days to commissioning mothers.
- Where
- Rajasthan, India.
- When
- The notification was reported on September 5, 2026; it follows a Rajasthan High Court ruling from 2023.
- Why
- The provisions were introduced because existing service rules lacked clear surrogacy-related leave provisions, causing difficulties in approvals.
Equal Maternity Rights
Earlier Administrative Position
Eligibility for leave
Equal Maternity Rights
The Rajasthan High Court held that the state should not distinguish between biological mothers and mothers who have children through surrogacy for maternity-leave purposes.
Earlier Administrative Position
Authorities previously denied a school lecturer's application, saying the Rajasthan Service Rules, 1951, contained no provision granting maternity leave to a surrogate mother.
Effect of the new rules
Equal Maternity Rights
The revised provisions make the leave process clearer and direct officials to process and approve eligible surrogacy applications according to the rules.
Earlier Administrative Position
Before the notification, the lack of explicit service-rule provisions created administrative difficulties for employees seeking approval.
Key facts
- Surrogate mother leave
- Up to 180 days.
- Commissioning mother leave
- 90 days for childcare.
- Eligibility for surrogate mothers
- Female employees aged 25 to 35 who have a child of their own.
- Eligibility for commissioning mothers
- Female employees aged 23 to 50 with no surviving biological, adopted, or surrogate child.
- Required documentation
- A certificate from an authorised medical board or competent health officer.
- Applicable procedures
- Approved surrogacy procedures under the Surrogacy (Regulation) Act 2021.
- Service-period limit
- The entitlement is limited to the birth of a maximum of two children or surrogacy cases during a female employee's service.
Quotes
Rajasthan High Court
The state’s High Court, which ruled on maternity leave rights for surrogate mothers.
“Making a difference between a natural biological mother and a surrogate/commissioning mother would amount to an insult to motherhood. A mother cannot be discriminated, as far as maternity leave is concerned, only because she begot the child through the process of surrogacy.”
freepressjournal.in
“there can be no distinction be made by the state government between a biological mother and a mother who has begotten a child through the surrogacy method”
freepressjournal.in
Sources
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