Dear All,
This post might be unexpected. I am not getting any answer to the question I am having.
Seniors, as we know, we have maternity laws applicable for married women. But if any female wants to be a single mother (married, bachelor), in that case, do we have any laws or facilities for her? What about for an adopted child? Can this topic be discussed here? If this is beyond our rules, then I am sorry for this post. But I really have this question in mind.
Regards
From India, Pune
Acknowledge(0)
Amend(0)
6This post might be unexpected. I am not getting any answer to the question I am having.
Seniors, as we know, we have maternity laws applicable for married women. But if any female wants to be a single mother (married, bachelor), in that case, do we have any laws or facilities for her? What about for an adopted child? Can this topic be discussed here? If this is beyond our rules, then I am sorry for this post. But I really have this question in mind.
Regards
From India, Pune
Acknowledge(0)Amend(0)
There is no law or Act for Child Adoption benefits as of now, to the best of my knowledge.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
A women pregnant / and deliver a child(alive or still born ) only, is eligible for maternity benefit under any labour laws in India. Varghese Mathew 09961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
First, mater itmy act is for all female employees, not just married women. However it is for pregnancy and childbirth. There is no provisions for adoption in the act.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear member,
The terms "maternity" and "adoption" of a child are different subjects and accordingly are covered by different enactments. The term "maternity" means illness of a female employee before or after childbirth, and accordingly, maternity benefits are provided to such a female on the basis of medical certificates or as recommended by the authorized medical officer. In labor laws, the child adopted can be a dependent of the insured woman. Please see section 2(11) of the ESI Act, 1948. However, such an insured woman who adopts any child is not entitled to any maternity benefit because there is no situation of sickness/illness arising out of maternity in the case of adoption.
The term "adoption" is a civil matter or depends on the personal law of different communities based on their traditions and customs. In some cases, the adoption law is written and codified, namely The Hindu Adoption & Maintenance Act, 1956. In Central Government service rules, a female employee can avail of childcare leave in respect of such an adopted child up to a certain limit. However, in private service, there is hardly any facility for female employees.
From India, Noida
Acknowledge(0)Amend(0)
The terms "maternity" and "adoption" of a child are different subjects and accordingly are covered by different enactments. The term "maternity" means illness of a female employee before or after childbirth, and accordingly, maternity benefits are provided to such a female on the basis of medical certificates or as recommended by the authorized medical officer. In labor laws, the child adopted can be a dependent of the insured woman. Please see section 2(11) of the ESI Act, 1948. However, such an insured woman who adopts any child is not entitled to any maternity benefit because there is no situation of sickness/illness arising out of maternity in the case of adoption.
The term "adoption" is a civil matter or depends on the personal law of different communities based on their traditions and customs. In some cases, the adoption law is written and codified, namely The Hindu Adoption & Maintenance Act, 1956. In Central Government service rules, a female employee can avail of childcare leave in respect of such an adopted child up to a certain limit. However, in private service, there is hardly any facility for female employees.
From India, Noida
Acknowledge(0)Amend(0)
You are asking for leave for maternity or leave for child care...? Maternity leave for a married woman or a single woman is a matter of humanity that you must consider. Whether she is strong enough to give birth despite being single, the law should not stop you from helping her out. From where does this question arise that she is single and that maternity benefits would not be applicable to her?
Adoption of a child is a different issue. In that case, since she will not give birth, how will maternity leave be applicable to her? It is very clear. In my opinion, if she wants to give birth despite being a single woman, you must consider her emotions and provide maternity benefits.
From India, Delhi
Acknowledge(0)Amend(0)
Adoption of a child is a different issue. In that case, since she will not give birth, how will maternity leave be applicable to her? It is very clear. In my opinion, if she wants to give birth despite being a single woman, you must consider her emotions and provide maternity benefits.
From India, Delhi
Acknowledge(0)Amend(0)
Hi,
As others have mentioned, the law doesn't provide for maternity leave in case of adoption. However, should you want to enhance the organization's image as humane, then discuss the same with the reporting manager, HOD, and HR Head. After obtaining necessary approvals, you may allocate a few days - say 10-12 days as paid leave to the lady employee. I am sure you will agree that bringing a child home, whether adopted or otherwise, will require some time to help both the mother and child to adjust.
I had faced this situation in one of my previous organizations, and we had done the above by taking special approvals and documenting the same.
All the best.
Regards,
From India, Mumbai
Acknowledge(0)Amend(0)
As others have mentioned, the law doesn't provide for maternity leave in case of adoption. However, should you want to enhance the organization's image as humane, then discuss the same with the reporting manager, HOD, and HR Head. After obtaining necessary approvals, you may allocate a few days - say 10-12 days as paid leave to the lady employee. I am sure you will agree that bringing a child home, whether adopted or otherwise, will require some time to help both the mother and child to adjust.
I had faced this situation in one of my previous organizations, and we had done the above by taking special approvals and documenting the same.
All the best.
Regards,
From India, Mumbai
Acknowledge(0)Amend(0)
As the Act itself is meant for "maternity," and if there is no maternity, there is no question of leave arising. But I know some establishments grant the male partner of a pregnant female "paternity leave" (parentity leave?). Similarly, a female (even a couple) employee who adopted an infant can be granted parental leave at least. The law should be amended to this extent.
Incidentally, one may have a natural question: what if a female becomes "male" under some law as a third gender and is recognized as a "male" legally? What if (she/he) becomes pregnant? How about maternity leave? Would this legal male be entitled to maternity leave? I have no answer.
From India, Bangalore
Acknowledge(0)Amend(0)
Incidentally, one may have a natural question: what if a female becomes "male" under some law as a third gender and is recognized as a "male" legally? What if (she/he) becomes pregnant? How about maternity leave? Would this legal male be entitled to maternity leave? I have no answer.
From India, Bangalore
Acknowledge(0)Amend(0)
Dear MNL,
As we know, there are maternity laws applicable to married women. However, if a female wants to be a single mother (whether married or a bachelor), do we have any specific laws or facilities for her, especially in the case of adopting a child?
All pregnant women employees shall benefit from maternity laws, regardless of their marital status – whether married, bachelor, or spinster.
An adopted child can be nominated as a beneficiary or legal heir.
Thank you.
From India, Chennai
Acknowledge(0)Amend(0)
As we know, there are maternity laws applicable to married women. However, if a female wants to be a single mother (whether married or a bachelor), do we have any specific laws or facilities for her, especially in the case of adopting a child?
All pregnant women employees shall benefit from maternity laws, regardless of their marital status – whether married, bachelor, or spinster.
An adopted child can be nominated as a beneficiary or legal heir.
Thank you.
From India, Chennai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.