Can Surrogate Moms Really Get Maternity Leave? Insights from a Delhi HC Ruling

Sir, the online link to an article that appeared in the Times of India, Delhi, dated 18/07/2015, regarding the judgment of the Honorable Delhi High Court on the above subject is mentioned as follows for the kind information of seniors, experts, and members of this forum:

Moms taking surrogacy way can get maternity leave: HC <link updated to site home> (Search On Cite | Search On Google)

Dear sirs,

We are interested in learning more about the stance of the Supreme Court on this matter. If the Court is also in favor, a question arises: should "motherhood through surrogacy" be included in the Leave Rules of organizations?

Thanks

The above decision is under civil service rules. Kerala High Court had given a similar decision under the Maternity Benefit Act. The objective of the MB Act is to provide benefits to employed women who become pregnant and deliver a child. A woman who has a child through surrogacy, i.e., another woman becoming pregnant and delivering, should not be entitled to benefits under the MB Act as it goes against the spirit and purpose of the Act. Therefore, the decision of the Kerala High Court is incorrect.