Curious About Maternity Laws for Single Mothers and Adopted Children? Let's Discuss!

This post might be unexpected. I am not getting any answer to the question I am having.

Maternity Laws for Single Mothers

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

There is no law or act for child adoption benefits as of now, to the best of my knowledge.

Clarification on Maternity Act and Single Mothers

First, the Maternity Act is for all female employees, not just married women. However, it is specifically for pregnancy and childbirth. There are no provisions for adoption in the act.

Understanding Maternity and Adoption Laws

The terms "maternity" and "adoption" of a child are different subjects and are accordingly covered by different enactments. The term "maternity" refers to the condition of a female employee before or after childbirth, and maternity benefits are provided to such a female based on 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, an insured woman who adopts a 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 for an adopted child up to a certain limit. However, in private service, there is hardly any facility for female employees.

Regards

Maternity Leave for Single Women and Adoption

Are you asking about leave for maternity or 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 and Maternity Leave

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.

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,

Maternity and Parental Leave Considerations

As the Act itself is meant for "maternity," if there is no maternity, there is no question of leave arising. However, I know some establishments grant the male partner of a pregnant female "paternity leave" (or "parentity leave"). Similarly, a female (or even a couple) employee who has 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.

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.

Kindly refer to your remarks as mentioned above, wherein you have stated that "as we know we have maternity law applicable for married women." I would like to submit that, in my opinion, it is nowhere mentioned in either The Maternity Benefit Act, 1961, nor in the Employees' State Insurance Act, 1948, that these laws are applicable only to "married women." What is required under the above laws is "a woman employed, whether directly or through any agency, for wages in any establishment" (Section 3(o) of the Maternity Benefit Act).

In addition, in order to become eligible for benefits under the above Acts, there are some conditions of a minimum period of employment and contribution (under the ESI Act), but there is no condition that the said woman must be "married." The only condition is that there must be an inability of the woman to perform her duties for a certain period before and after childbirth or miscarriage or illness due to such maternity as certified by the authorized Medical Officer.

I hope you will consider my views as mentioned above in view of the provisions of the said Acts and will advise me if my views are not correct so that I may be able to adjust my understanding accordingly.

The maternity leave under Indian laws has been designed keeping in mind the physical and psychological involvement/requirement in delivering and initiating the care for the newborn. To date, no special relief is available for non-biological mothers in India. We appreciate the new thought and hope that over a period of time, it might surely get included.

Warm regards,
Sourav Mukherjee

Dear members,
1. With reference to remarks from seniors/experts in this thread, I may submit that 180 days of child adoption leave is provided to central government female employees as per Rule 43-B of the Leave Rules. The extract of the said Rule is submitted as follows, which lays down the terms and conditions for such child adoption leave:

Leave to a Female Government Servant on Adoption of a Child:
(1) A female Government servant, with fewer than two surviving children, on valid adoption of a child below the age of one year may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days immediately after the date of valid adoption.
(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) (a) Child adoption leave may be combined with leave of any other kind.
(b) In continuation of the child adoption leave granted under sub-rule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of a medical certificate) for a period up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.
Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.
(4) Child adoption leave shall not be debited against the leave account.

Note: "Child" for the purpose of this rule will include a child taken as a ward by the Government servant, under the Guardians and Wards Act, 1890, or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural-born child.

2. Similar provisions may be available in the civil services of some of the State Governments.

The answer is given to you by the participants in the discussion. Maternity benefits arise during pregnancy irrespective of marital status and for confinement/miscarriage/sickness due to or out of pregnancy, confinement, miscarriage, etc. These benefits are available to female employees if:

(i) The Maternity Benefit Act is applicable to her employer, and she is eligible to receive the benefit (80 days of working); or
(ii) She is an Insured Woman (IW) under ESI, and contributions are paid for not less than 70 days in the preceding two contribution periods.

Just for knowledge, single women cannot adopt a child.