Just in: Maharashtra is the first state to grant 180 day maternity leave to women who opt for surrogacy

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Maharashtra becomes the first state to grant 180 days leave to women who opt for surrogacy in India. Read on to know more about the laws.

In a first for India, Maharashtra has become the first state to allow female government employees 180 days of maternity leave, while having a baby through surrogacy. This comes as a big relief to female government employees who are or have already planned to opt for surrogacy.

The prominent features of this announcement are:

  • Women employees can avail this leave by furnishing relevant legal certificates provided by authorities of the Indian Council of Medical Research (ICMR).
  • Application for this leave will also have to submitted well in advance.
  • For now, this facility applies to employees of state educational institutions and universities.

The existing legal rules say that an expecting woman can avail upto 180 days maternity and women who adopt can avail upto 90 days of maternity leave.

Laws of surrogacy in India

Legally, surrogacy has been an option in India since 2002. The ICMR has set guidelines that regulate Assisted Reproductive Technology procedures. The Law Commission has made the following observations about surrogacy in India:

  • Surrogacy is strictly a private contract between two parties, requiring consent of the surrogate mother and her family. It also includes payments for medical procedures of artificial insemination and reasonable expenses to bear the child.
  • It also provides for financial help to the child in the event of the death of the commissioning parents.
  • One of the intended parents should be a donor. In case of single parents, ghe or she will be the donor.
  • The law recognizes the surrogate child as a legitimate child of the commissioning parents.
  • The birth certificate of the child will also bear the names of the commissioning parents.

Read: Gestational surrogacy: Outsourcing a womb in India

Surrogacy is usually an option for couples who many be facing infertility or those who voluntarily choose to opt for it. Although there are many technological advanced treatments available for infertile men and women, surrogacy as a trend has caught up with many famous faces such as Shah Rukh Khan and even Aamir Khan.

What do you think about the news on surrogacy in India? Please share in the Comment box below.

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Written by

Deepshikha Punj

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