The Department of Personnel and Training has passed an order stating women employees, working in central government and are expecting a child via the route of surrogacy, are entitled to maternity leave of 26 weeks.
This order comes after an appeal made by a Kendriya Vidyalaya teacher who was denied the leave when she had twins through a surrogate mother.
The Ministry has written to all Central Government departments about a Delhi High Court order of 2015 on the issue. According to the court's order, a female employee, who is a commissioning mother is authorized to maternity leave. The order also clarifies that the competent authority would decide on the timing and the period for which maternity leave to be allowed to a commissioning mother who adopts the surrogacy route. The leave application sought by the commissioning mother would be examined in a much more detailed manner. In case, the leave is rejected, the competent authority is entitled to pass a reasoned order.
In a situation where both the commissioning and surrogate mother, the latter who is otherwise eligible for maternity leave, suitable adjustments will be made.