Women government employees can now take up to 180 days of maternity leave if they have children through surrogacy, following amendments to a long-standing rule by the Central government.
Additionally, the amended rules provide various benefits for the "commissioning mother" (the intending mother of the child born through surrogacy). She is now eligible for childcare leave, and the "commissioning father" can avail of 15 days of paternity leave. These changes are part of the revisions made to the Central Civil Services (Leave) Rules, 1972.
The amended rules, notified by the Personnel Ministry, state: "In cases of surrogacy, both the surrogate and the commissioning mother, if they are government employees with fewer than two surviving children, may be granted 180 days of maternity leave."
Previously, there were no provisions for granting maternity leave to women government employees for children born through surrogacy.
According to the new rules, if a child is born via surrogacy, the commissioning father, who is a male government servant with fewer than two surviving children, can be granted 15 days of paternity leave within six months of the child's birth.
Moreover, the commissioning mother, under the same conditions, is entitled to child care leave. This is outlined in the Central Civil Services (Leave) (Amendment) Rules, 2024, which were notified on June 18.
Existing rules allow female government employees and single male government employees to take child care leave for a maximum of 730 days during their entire service. This leave is intended for the care of their two eldest surviving children, covering various needs such as education, sickness, and other necessities.
The Personnel Ministry clarified the terms in the amended rules, defining "surrogate mother" as the woman who bears the child for the commissioning mother and "commissioning father" as the intending father of the child born through surrogacy.
