1, Sir, under major maternity benefit laws like the Maternity Benefit Act, 1961 as well as under ESI Act, 1948 there is no provision for payment of maternity benefit to a "surrogate mother". The matter is perhaps under consideration with the Govt. of India for framing a comprehensive law relating to surrogacy in India.
2. However, an online link of the article appeared in the times of india about six months earlier relating to judgment of one of the High Court is mentioned as follows for kind consideration of seniors:-
Moms taking surrogacy way can get maternity leave: HC <link updated to site home> ( Search On Cite | Search On Google )
3. Whether the concerned department has appealed to the Supreme Court from above decision of High Court could not be ascertained. But as a general rules even under Central Civil Services rules, no maternity benefit is available to surrogate mother.
From India, Noida
9232. However, an online link of the article appeared in the times of india about six months earlier relating to judgment of one of the High Court is mentioned as follows for kind consideration of seniors:-
Moms taking surrogacy way can get maternity leave: HC <link updated to site home> ( Search On Cite | Search On Google )
3. Whether the concerned department has appealed to the Supreme Court from above decision of High Court could not be ascertained. But as a general rules even under Central Civil Services rules, no maternity benefit is available to surrogate mother.
From India, Noida
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Maternity Leave Policy - posting.doc