Odisha expands maternity leave for surrogate parents

The Odisha government has extended maternity and paternity leave benefits to state employees who become parents through surrogacy. In a recent move, the state government approved 180 days of leave for mothers and 15 days for fathers in such cases.

This decision aligns with a growing recognition of surrogacy in leave policies. This includes both surrogate mothers—women who agree to bear a child for intending parents—and commissioning mothers, who provide the egg for the embryo but have another woman carry the child.

The new guidelines are applicable to female employees with fewer than two surviving children. The government has also introduced paternity leave for male employees who become fathers through surrogacy. A ‘commissioning father’, defined as the biological father of a child born through surrogacy, is now eligible for 15 days of paternity leave, to be used within six months of the child’s birth. This change ensures that fathers, too, have the opportunity to bond with their newborns during this crucial period.

The move comes in the wake of a landmark ruling by the Orissa High Court. In June 2024, the court ruled in favour of a female government employee who had attained motherhood through surrogacy but was denied maternity leave. The court asserted that female employees who become mothers through surrogacy should have the same rights to maternity leave as natural or adoptive mothers. This ruling played a pivotal role in prompting the state government to address the gap in its leave policies.

This policy shift reflects a more inclusive approach to family-building, recognising the diverse paths employees may take to parenthood. By offering equal leave benefits to surrogate and commissioning parents, the Odisha government is ensuring that its employees receive support regardless of how they become parents.