Centre allows 6-month maternity leave for surrogacy for government employees
The Centre has updated the Central Civil Services (Leave) Rules, 1972, granting women government employees who have children through surrogacy a maternity leave of 180 days. This amendment aligns the benefits for women opting for surrogacy with those who give birth naturally. The revised rules state: "In case of surrogacy, the surrogate...[and]...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."
New provisions for commissioning fathers and childcare leave
The amendments also extend benefits to "commissioning fathers," who are now eligible for 15 days of paternity leave within six months from the child's delivery date. The new rules also allow the "commissioning mother" to avail childcare leave. The Personnel Ministry clarified that a "surrogate mother" is defined as the woman carrying the child on behalf of the commissioning mother, while a "commissioning father" is the intending father of a child born through surrogacy.
Existing childcare leave rules remain unchanged
The existing rules, which allow both female and single male government servants to take childcare leave for up to 730 days during their entire service tenure, remain unchanged. This leave can be used to care for their two eldest surviving children, covering various needs such as education and sickness. The amendments do not affect these existing provisions.
Amendments aim to provide equitable benefits
The amendments were officially notified on June 18 under the Central Civil Services (Leave) (Amendment) Rules, 2024. The primary objective of these changes is to provide equitable benefits to government employees opting for surrogacy. These new rules reflect the government's commitment to modernize policies that cater to diverse family structures and ensure gender equality in workplace benefits.