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Odisha Government Approves Maternity and Paternity Leave for Employees in Surrogacy Cases


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In a progressive move, the Odisha government has announced that its employees can now avail maternity and paternity leave in cases of parenthood through surrogacy. Under the new policy, mothers will be entitled to 180 days of maternity leave, while fathers will be granted 15 days of paternity leave. This change ensures that both surrogate and commissioning parents are treated on par with natural and adoptive parents when it comes to parental leave.

What the New Rules Say

According to a notification issued by the Odisha State Finance Department, female employees who become mothers through surrogacy are now eligible for maternity leave. Specifically, the rules cover two types of mothers:

  1. Surrogate Mothers: Women who carry a child on behalf of another couple or woman. These women, who must have fewer than two surviving children, will be eligible for 180 days of maternity leave. The surrogate mother is defined as a woman who agrees to carry a child for the intending parents, with the embryo implanted in her womb.
  2. Commissioning Mothers: Biological mothers who use their eggs to create an embryo that is implanted in another woman. Commissioning mothers who meet the condition of having fewer than two surviving children will also be granted 180 days of maternity leave.

Male government employees who become fathers through surrogacy, referred to as Commissioning Fathers, are now eligible for 15 days of paternity leave. This leave must be taken within six months from the date the child is born. This benefit applies to fathers who have fewer than two surviving children.

What Happens if Both Parents are Government Employees?

If both the surrogate mother and the commissioning mother are state government employees, they are both entitled to 180 days of maternity leave each. This ensures that both women involved in the surrogacy process are granted the necessary time to recover and care for the newborn.

Background on Maternity and Paternity Leave for Surrogacy

The Odisha government has been providing maternity leave for natural and adoptive mothers and paternity leave for fathers, but the inclusion of surrogacy cases has been under review for some time. The issue gained attention after a female government employee who became a mother through surrogacy was denied maternity leave. She took her case to the Orissa High Court, which ruled that mothers who have children through surrogacy should have the same rights to maternity leave as natural and adoptive mothers.

This ruling aligns with a June 2024 notification from the Department of Personnel and Training at the Union government, which extended similar benefits to central government employees who become parents via surrogacy. The Odisha government has now followed suit, ensuring that its employees are also covered under these more inclusive leave policies.

A Step Towards Equality for All Parents

This new provision by the Odisha government is a significant step toward ensuring that all parents—whether through natural birth, adoption, or surrogacy—are given equal rights and benefits when it comes to maternity and paternity leave. By extending these benefits to surrogate and commissioning parents, the government recognizes the diverse ways people become parents today and ensures that employees can take the necessary time off to care for their newborns, no matter the path to parenthood.

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