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Amended Surrogacy Leave Rules for Government Employees.
Context:
The Centre has notified amended rules to allow women government employees to take 180 days of maternity leave in case they have children through surrogacy.
More on news:
- Government has amended Central Civil Services (Leave) Rules, 1972.
- Maternity leave of 180 days granted to surrogate or commissioning mothers if they are government servants and have less than two surviving children.
- Commissioning fathers are eligible for 15 days of paternity leave within 6 months from child’s delivery, with less than two surviving children.
- Existing rules allow a female government servant and single male government servant child care leave for a maximum period of 730 days during entire service “for taking care of two eldest surviving children.
- “Surrogate mother” is defined as a woman who bears a child on behalf of a commissioning mother.
- “Commissioning father” is defined as the intended father of a child born through surrogacy.
Surrogacy (Regulation) Act, 2021:
- Surrogacy codified in law to establish its status as a legitimate mode of reproduction.
- Law defines who is genuinely eligible and excludes others deemed to be “misusing” surrogacy.
- Prohibition of Commercial Surrogacy: Only altruistic surrogacy arrangements allowed, no monetary compensation for surrogates.
- Gestational Surrogacy Only: Utilises Assisted Reproductive Technologies (ARTs) such as In-Vitro Fertilisation (IVF).
- Only married couples and ever-married single women (widowed or divorced) can seek surrogacy.
- Numerous petitions contesting the exclusionary approach based on marital status.
- Intending parents must produce a “certificate of essentiality” for medical justification.
- Use of own gametes by intending parents is mandated.
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Amendment to Surrogacy (Regulation) Rules, 2022:
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