Women government employees can now take up to 180 days of maternity leave for surrogacy, following recent amendments to the Central Civil Services (Leave) Rules, 1972. This update, made by the Centre, applies to the “commissioning mother” (the intending mother of the child born through surrogacy), granting them eligibility for these leaves along with child care leave. Additionally, the government has introduced a 15-day paternity leave for the “commissioning father.”
As per the notice issued on June 18 by the Ministry of Personnel, Public Grievances and Pension, “In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants.”
Previously, there was no provision for granting maternity leave to women government employees in cases of surrogacy. This amendment brings significant relief to both the surrogate and commissioning mother, provided they have less than two surviving children.
Furthermore, the notice states, “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.”
Current regulations allow “a female government servant and single male government servant” to take up to 730 days of childcare leave throughout their service to care for their two oldest surviving children. These leaves can be utilized for various needs, including education and illness.
It’s important to note the definitions clarified by the Personnel Ministry: the “surrogate mother” is the woman who carries the child for the commissioning mother, while the “commissioning father” is the intending father of the child born via surrogacy.
