Can Single Parents Who Use Surrogacy Get Paternity Leave? Seeking Clarity and Advice

Hello,

I have a question regarding whether a single parent (not married) who has a baby through surrogacy can avail paternity leave. Please clarify this for me, as it would be of great help.

Thank you in advance.

The Indian parliament has enacted the "Maternity Benefit Act" and not the "Paternity Benefit Act." Therefore, the question of paternity leave does arise whether for single parents or otherwise, whether a child takes birth through surrogacy or otherwise.

Notwithstanding the position of the law, you may approach your company authorities for paternity leave. Check whether they consider your application under welfare measures. Though the possibility of accepting such an application is remote, there is nothing wrong with trying for it.

Thanks,

Dinesh Divekar

I understand that central government employees are entitled to 15 days of paternity leave, but there is no formal policy in place for employees in the private sector. If the same policy is to be implemented for the private sector, what are the normal conditions that apply for eligibility?

Dear Partner, While framing a paternity leave policy in our company, a similar question had been raised regarding unmarried fathers. The response from the HR team was that for maternity leaves, they do not consider marital status and would like to follow the same viewpoint for paternity leaves, meaning that unmarried men can also avail of paternity leave. This is not a legally strong point as there is no paternity benefit act in place by the government. However, if your company already has a paternity leave policy in place, then for the sake of equality, unmarried men can use this option as a reference.

On the other hand, if the company does not have a paternity leave policy in place, then there would be no legal ground to demand this option.