The Centre has amended the Central Civil Services (Leave) Rules, 1972, entitling surrogate mothers and parents who adopt those children with child care leave.
The notification regarding the child care leave was issued by the Department of Personnel & Training on June 18.
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According to DD news, in cases of surrogacy, the surrogate, a central government employee, will be able to get 180 days of maternity leave.
Similarly, if the commissioning mother, who has less than two living children and is a government employee, will also get 180 days of maternity leave.
Notably, with the amended rules, the government has also allowed paternity leave in surrogacy cases.
The rules enable the commissioning father, also a central employee commissioning, to be entitled to 15 days of paternity leave within six months of the child’s birth. However, he should have no more than two living children.
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Surrogacy was made legal in 2002 but remained unregulated till the Surrogacy (Regulation) Rules was passed in 2022.
In February 2024, the Centre amended the rules to allow married couples to use an egg or sperm of a donor in case one of the partners is suffering from a medical condition.
As per the amended Surrogacy (Regulation) Rules, 2022 the District Medical Board has to certify that either the husband or wife is suffering from a medical condition, necessitating the use of donor gamete.
“Single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to avail surrogacy procedures,” it said.
The amendment came after the Supreme Court in 2023 received petitions from women across the country after it allowed a woman with a rare congenital disorder to avail surrogacy with a donor egg.
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In March 2023, the Centre had issued a notification banning donor gametes for couples intending to undergo surrogacy.
