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Central Govt employees to get 6-month break for surrogacy— here are the new rules for ‘commissioning’ couples

Maternity leave: Central Govt employees to get 6-month break for surrogacy— here are the new rules for ‘commissioning’ couples

Women government employees are entitled to take up to 180 days of maternity leave for children born through surrogacy, following recent amendments by the Centre to the 50-year-old rule.

According to the amendment in the Central Civil Services (Leave) Rules, 1972, the ”commissioning mother” (the intending mother of the child born through surrogacy) with child care leave is eligible for these leaves. The government also grants paternity leave of 15 days to the ”commissioning father”.

The notice dated June 18, issued by the Ministry of Personnel, Public Grievances and Pension states, “In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants.”

Women government employees are entitled to take up to 180 days of maternity leave for children born through surrogacy, following recent amendments by the Centre to the 50-year-old rule.

According to the amendment in the Central Civil Services (Leave) Rules, 1972, the ”commissioning mother” (the intending mother of the child born through surrogacy) with child care leave is eligible for these leaves. The government also grants paternity leave of 15 days to the ”commissioning father”.

The notice dated June 18, issued by the Ministry of Personnel, Public Grievances and Pension states, “In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case either or both of them are government servants.”

Until now, for cases where a couple conceived a child via surrogacy, there was no provision to grant maternity leaves to women government employees. The rule amendment brings major relief to the surrogate and commissioning mother with less than two surviving children. 

The notice further reads, "In case of a child begotten through surrogacy, the commissioning father who is a male government servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.” 

The current regulations permit "a female government servant and single male government servant" to take childcare leave for up to 730 days throughout their service to care for their two oldest surviving children. These leaves could be taken for raising children or to attend to any of their needs, such as education or illness. 

Meanwhile, it is important to note that the term "surrogate mother" refers to the woman who carries the child for the commissioning mother, and "commissioning father" refers to the intending father of the child born via surrogacy, as explained by the Personnel Ministry in the revised rules.

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