Supreme Court affirms that motherhood is about care, not just childbirth.
“An adopted child is no different from a so-called 'natural' child.” With these powerful words, the Supreme Court of India delivered a landmark judgement, one that reshapes how we understand motherhood, equality and workplace rights.
In March 2026, a Bench comprising Justice J. B. Pardiwala and Justice R. Mahadevan ruled that adoptive mothers are entitled to 12 weeks of maternity leave, regardless of the child's age at adoption. The case, Hamsaanandini Nanduri vs Union of India, challenged a restrictive provision that allowed maternity leave only if the adopted child were below three months of age. The petitioner, Hamsaanandini Nanduri, argued that this condition was not only impractical but also discriminatory.
Before this ruling, the law under the Code on Social Security 2020 effectively excluded most adoptive mothers from maternity leave. Why? Because adoption rarely happens within the first three months of a child's life. Children available for adoption, whether orphaned, abandoned or surrendered, must first be declared 'legally free for adoption'. This is a lengthy legal process, often taking more than three months. By the time adoption is finalised, the child has usually crossed the age limit set by the law.
The result? A policy that existed on paper but failed in practice. The Court recognised this flaw, noting that such restrictions could even push parents to prefer newborns over older children, unintentionally disadvantaging those who need homes the most.
This judgement does something profound; it redefines motherhood itself. The Court made it clear:
Motherhood is not just about childbirth. It is about care, bonding and presence. By separating maternity leave from biological delivery, the Court shifted the focus to what truly matters for the well-being of the child and the responsibilities of parenting.
The Court acknowledged that adoptive mothers may need equal or even more time to build emotional bonds, help the child adjust and integrate them into a new family environment. It held that the earlier restriction violated fundamental rights under Article 14 of the Constitution of India, which guarantees equality before the law, and Article 21, which upholds the right to life, dignity and personal liberty.
Importantly, the judgement recognised that the right to build a family is not limited to biological reproduction. Adoption, too, is a valid and equal choice. This expands the understanding of personal liberty, placing adoption firmly within the realm of protected rights.
The ruling does not stop at maternity leave; it opens the door to a broader conversation. The Court urged the government to consider paternity leave, emphasising that childcare is a shared responsibility. This marks a significant push towards gender-neutral workplaces, more equal parenting roles and healthier child development. While some companies already offer paternity leave as an internal benefit, the absence of a legal mandate means inconsistent implementation. This judgement could be the catalyst for change.
Before this case, few knew Hamsaanandini Nanduri. Today, she represents countless working professionals who were denied leave simply because they chose adoption. For five years, she challenged a system that many accepted as unchangeable. Her victory is not just legal; it is deeply personal and widely impactful. It sends a powerful message: Sometimes, one voice is enough to change the law for many.
While the judgement grants adoptive mothers 12 weeks of leave, it raises an important question: Should adoptive mothers receive the same 26 weeks as biological mothers? Biological mothers need time for both physical recovery and bonding. Adoptive mothers, though not recovering physically, often face intense emotional, psychological and social adjustments, sometimes even more complex. Bonding with an adopted child, helping them feel secure, and integrating them into a family takes time, time that 12 weeks may not fully provide.
This judgement is a step towards a more inclusive and compassionate workplace, one that values caregiving over biology and equality over outdated norms. It reinforces a simple but powerful idea: maternity leave is not a privilege; it is a right. And as the saying goes, “The hand that rocks the cradle is the hand that rules the world.”
In a world striving for fairness and dignity, it is essential to build systems that support every kind of motherhood equally and wholeheartedly.
Author Sushmita Srivastava is an Associate Professor and Deepti Chaturvedi is a Teaching Associate at S.P. Jain Institute of Management & Research (SPJIMR). Views are personal.