HC: Maternity benefits for child through surrogacy

Vijay Arora

Shimla, March 4

A woman cannot be discriminated as far as maternity benefits are concerned on the ground that she has got the baby through surrogacy.

This was held by the HP High Court while dealing with a issue involving the question whether a woman employee is entitled to avail maternity leave even in case where she gets the child through arrangement by surrogate parents.

Answering the question in affirmative, the court directed the state government to sanction/grant maternity leave to the petitioner as per the rules.

While allowing the petition, a Division Bench comprising Justice Tarlok Singh Chauhan and Justice Sandeep Sharma further held that “to distinguish between a mother who begets a child through surrogacy and a natural mother, who gives birth to a child, would result in insulting womanhood and the intention of a woman to bring up a child begotten through surrogacy.”

The Bench further said, “A newborn child cannot be left at the mercy of others as it needs rearing and that is the most crucial period during which the child requires care and attention of his mother. A bond of affection has also to be developed.”

The court passed this judgment on a petition filed by a woman employee working as a language teacher on contract basis with the government. The petitioner was blessed with a baby on September 10, 2020, through surrogacy. She had applied for maternity leave, but the same was not approved by the authority concerned.