The Centre has revised a longstanding 50-year-old rule to permit women government employees to avail themselves of 180 days of maternity leave when they have children through surrogacy. The amendments to the Central Civil Services (Leave) Rules, 1972, were announced by the Personnel Ministry.
The revised rules also extend benefits to the “commissioning mother” the intending mother of the child born through surrogacy. These benefits include child care leave and 15 days of paternity leave for the “commissioning father.”
According to the amended rules, in cases involving surrogacy, both the surrogate and the commissioning mother with fewer than two surviving children are eligible to qualify for 180 days of maternity leave if either or both are government servants. This provision addresses a significant gap, as previously, there were no regulations granting maternity leave to women government employees in the case of surrogacy.
Furthermore, the new rules specify that “In case of a child begotten through surrogacy, the commissioning father who is a male government servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.”
The amendments also clarify that the commissioning mother with less than two surviving children is eligible for child care leave. According to the Central Civil Services (Leave) (Amendment) Rules, 2024, existing provisions allow a female government servant and single male government servant to avail of child care leave for a maximum period of 730 days during their entire service. This leave can be utilized for rearing or attending to the needs of their two eldest surviving children, including education and sickness.
The amendments clarify that a “surrogate mother” is the woman who carries the child on behalf of the commissioning mother, while the term “commissioning father” pertains to the intending father of the child born through surrogacy. These changes mark a progressive step towards recognizing and supporting diverse family structures and the needs of government employees who become parents through surrogacy.
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