Odisha Government Expands Parental Leave Benefits to Include Surrogacy
The Odisha government has taken a significant step towards inclusivity and support for its employees by extending maternity and paternity leave benefits to those becoming parents through surrogacy. A recent notification issued by the state finance department has approved 180 days of maternity leave for mothers and 15 days of paternity leave for fathers in such cases. This progressive move ensures that government employees who attain parenthood through surrogacy are granted the same rights and benefits as those with biological or adopted children.
The notification clarifies that a female state government employee, with fewer than two surviving children, who becomes a ‘surrogate mother’ is eligible for 180 days of maternity leave. According to the Surrogacy (Regulation) Act, 2021, a surrogate mother is defined as a woman who agrees to bear a child, genetically related to the intending couple or intending woman, through surrogacy from the implantation of the embryo in her womb. This definition and the corresponding benefits mark a significant acknowledgment of the roles and challenges surrogate mothers face.
Furthermore, the notification addresses the rights of ‘commissioning mothers’—biological mothers who use their egg to create an embryo that is then implanted in another woman. Female state government employees in this category are also eligible for 180 days of maternity leave, ensuring that their transition into motherhood is supported, regardless of the method through which they become mothers.
Male employees are not left out of this inclusive policy. A male state government employee, with fewer than two surviving children, who becomes a ‘commissioning father’—the biological father of a child born through surrogacy—is entitled to 15 days of paternity leave. This leave must be taken within six months from the date of the child’s delivery. This provision acknowledges the role of fathers in the early stages of child-rearing and promotes a more balanced sharing of parental responsibilities.
The policy also includes provisions for cases where both the surrogate mother and the commissioning mother are state government employees. In such instances, both are entitled to 180 days of maternity leave each. This ensures that both women are supported in their unique roles in the surrogacy process.
Previously, the Odisha government provided 180 days of maternity leave to female employees who were natural or adoptive mothers and 15 days of paternity leave to male employees. However, this provision did not cover surrogacy, which left a gap in the support system for employees choosing this route to parenthood. The recent notification bridges this gap and aligns state policies with more inclusive standards.
This decision by the Odisha government follows a significant ruling by the Orissa High Court. On June 25, the court heard the petition of a female employee who had attained motherhood through surrogacy but was denied 180 days of maternity leave. The court ruled that female employees who become mothers through surrogacy have the same right to maternity leave and other benefits as those provided to natural and adoptive mothers. This ruling underscored the necessity for inclusive policies that recognize and support diverse paths to parenthood.
Moreover, the Union government has also taken steps in this direction. On June 18, 2024, the Department of Personnel and Training issued a notification extending maternity and paternity leave benefits to central government employees attaining parenthood by surrogacy. This national policy change reflects a growing recognition of the need to support all parents, regardless of how they come to parenthood.
The extension of these benefits in Odisha is a testament to the state’s commitment to supporting its employees and promoting a family-friendly work environment. By recognizing the legitimacy and importance of surrogacy as a means to parenthood, the state government is ensuring that all employees have access to the necessary support during the critical early months of parenthood.
In conclusion, the Odisha government’s decision to extend maternity and paternity leave benefits to employees becoming parents through surrogacy is a landmark move. It ensures that all parents, irrespective of the means by which they become parents, receive equitable support and recognition. This policy not only supports the employees in their personal lives but also promotes a more inclusive and supportive workplace culture. As other states and institutions consider similar policies, Odisha’s example serves as a progressive model for supporting diverse paths to parenthood.