The Supreme Court has lifted the three-month age limit, safeguarding maternity leave and rights focused on child care for adoptive mothers.
In a significant ruling on 17 March 2026, the Supreme Court of India struck down Section 60(4) of the Social Security Code, 2020, calling it arbitrary and discriminatory.
Under this provision, adoptive mothers were entitled to maternity leave only if they adopted a child below three months of age. The Court clarified that maternity leave for mothers cannot be restricted based on the age of the child.
It emphasized that bonding, caregiving, and psychological adjustment between mother and child do not depend on the child’s age. Sleepless nights, emotional adaptation, and caregiving challenges are part of motherhood regardless of whether the child is an infant or older. Therefore, limiting leave based on age was deemed unreasonable.
What was the disputed provision?
Earlier rules allowed maternity leave for adoptive mothers only if the adopted child was under three months old. The Court held that this violates the right to equality, as it creates an unjust distinction between adoptive mothers based on the child’s age.
A Changing Global Perspective
This judgment is being seen as part of a broader shift in thinking. Globally, declining birth rates have pushed many developed countries to adopt family-friendly policies:
• Sweden offers up to 480 days of shared parental leave
• Australia is expanding parental leave to 26 weeks by 2026
• According to the OECD, paid parental leave contributes to better child health outcomes and lower infant mortality
In many developed countries such as Norway, Germany, Sweden, and Australia, fertility rates have fallen below 2.1, the level required for population replacement.
Adoption Trends in India and Punjab
In India, adoption rates remain relatively low.
In Punjab, according to 2025 data, more than 1,200 children were adopted; while some families adopted girls, the majority preferred newborns (both girls and boys). This reflects the continued influence of social pressures and traditional preferences. However, with the Supreme Court removing the three-month age limit, adoptive mothers now have equal rights, and adopting older children may become easier. Experts believe that this decision could encourage families to adopt older children, not just infants.
Parenthood Is Defined by Care, Not Birth
This judgment reinforces an important idea: parenthood is not defined by biological birth, but by love and care.
Beyond Law: A Shift in Social Thinking
The Supreme Court’s decision not only corrects a legal inconsistency but also reshapes how society understands parenting and child welfare. The focus now shifts from when a child is adopted to how the child is raised.
Global Decline in Adoption
Globally, adoption rates have declined significantly. The article claims that international adoptions have fallen by up to 94% since 2004, especially in countries like the United States.
In Europe, countries such as Germany report only a few thousand adoptions annually, most of which are domestic. Even in progressive countries like Sweden, children are often adopted at a very young age.
This Supreme Court judgment marks the beginning of a new social and legal perspective.
Adoptive mothers will now no longer be restricted by the age of the child when it comes to their rights. The decision sends a clear message that parenthood is rooted in love and sustained care, not just biology.
It also enables mothers to better balance career and caregiving responsibilities, without facing legal barriers.
Disclaimer: The views expressed in this article belong solely to the author and do not reflect the views or opinions of DNN24 or any affiliated organization.
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