If you adopted a child who is older than three months, you can now claim 12 weeks of maternity benefit. The Supreme Court has struck down the rule that limited this benefit only to adoptions of babies below three months, calling it discriminatory and unconstitutional.
Indian law gives maternity benefit to several kinds of mothers, but the rules were not identical. The table below shows who can claim and what changed after the judgment.
| Who is claiming | Weeks of benefit | Status after the judgment |
|---|---|---|
| Biological mother | 26 weeks for the first two children | Unchanged |
| Adoptive mother, child below 3 months | 12 weeks from the date of handover | Unchanged - was always allowed |
| Adoptive mother, child above 3 months | 12 weeks | Now allowed - the cap that blocked this group is struck down |
| Commissioning mother through surrogacy | 12 weeks from the date the child is handed over | Unchanged |
The group helped by this ruling is the third row: mothers who adopt an older child. Earlier, if the child was even a day past three months, the employer could lawfully refuse the benefit. That door is now shut.
Adoption in India rarely involves a newborn. Most children placed through the legal process are well past three months by the time the adoption is final. The old rule meant the very mothers who needed support the most - those bonding with an older child - were left out, while a mother of a child below three months received full benefit.
The Supreme Court held that this distinction had no rational link to the purpose of the law. The aim of maternity benefit is to let a mother settle her child and protect the bond in the early days at home. That need does not vanish because the child is four months old instead of two. By drawing the line at three months, the law treated equal mothers unequally and left out a large group it should have covered.
The Court found the cap to be under-inclusive and arbitrary. It struck down the three-month limit so that all adoptive mothers stand on the same footing.
The ruling comes from Hamsaanandini Nanduri v. Union of India, 2026 INSC 246, decided on 17 March 2026 by a Supreme Court Bench led by Justice J.B. Pardiwala.
The Court examined Section 60(4) of the Code on Social Security, 2020, in so far as it imposed a three-month age limit on the adopted child for an adoptive mother to claim 12 weeks of maternity benefit. It held that this part of the provision was unconstitutional. It violated Article 14, the guarantee of equality, because it treated similarly placed adoptive mothers unequally with no rational nexus to the object of the law, and because it was under-inclusive. The Court also touched on Article 21, which protects the dignity of the mother and child, and Article 19(1)(g), the freedom to practise any profession.
For background, the Maternity Benefit Act 1961 already gave 12 weeks of maternity benefit to a woman who legally adopts a child below the age of three months. The same three-month cap was carried into the Code on Social Security 2020. It is that cap, and only that cap, which the Court has now removed. The 12-week period and the rest of the framework continue as before.
If your employer cites the old three-month rule to deny you benefit, here is how to push back, step by step.
Real-life example: Meera, a school teacher in Pune, legally adopted a five-month-old girl in April 2026. Her school refused maternity benefit, saying the child was older than three months. Meera sent a written request quoting the 2026 Supreme Court ruling and attached her adoption order. When the school still hesitated, she filed a complaint with the district labour office. Within weeks the school sanctioned her full 12 weeks of paid leave and released her withheld salary of around ₹48,000.
Yes. The maternity benefit framework covers establishments across the country, so an adoptive mother in a private firm can rely on the judgment in the same way as one in a government office. The age of the adopted child can no longer be used to refuse the benefit.
An adoptive mother gets 12 weeks of maternity benefit. The Supreme Court did not change this period. It only removed the rule that limited the benefit to adoptions of children below three months.
Yes. After this ruling, the age of the adopted child is no longer a bar. Whether the child is four months, eight months or older, a legally adopting mother can claim her 12 weeks of benefit.
The adoption order or registered adoption deed is the key document. Keep certified copies ready, along with your appointment letter and salary slips, so your employer cannot ask for the age of the child as a reason to delay.
You can raise the matter again in writing, now citing the judgment. If the refusal is repeated, take it to the Labour Department or seek legal aid. A past rejection based only on the three-month rule no longer stands on firm ground.
Start with a written complaint to the Labour Department or labour inspector for your area. You can also approach the District Legal Services Authority for free help, and use an RTI to ask a public office about the rules it applied to your case.
The Delhi High Court struck down the age cap for adoptive mothers claiming maternity benefit. Here is the complete guide:
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