In a recent blog, I wrote about changes to Indian law relating to surrogacy.
On 5 March 2013, the Madras High Court held that a woman who had had a child through surrogacy was entitled to maternity leave.
The mother had had a child through a surrogate mother, with the consent of her husband, after her 20-year-old son was killed in a road accident in 2009. She applied for maternity leave to look after the new born after the surrogate mother gave birth to a girl baby in February 2011. She also applied to include the child under the family medical insurance scheme.
Her employer rejected the application, on the ground that there was no provision in the rules for granting leave to those who have a child through surrogacy.
|The High Court in Madras|
"This court does not find anything immoral and unethical about the petitioner having obtained a child through surrogate arrangement," the Judge observed.
He directed the mother’s employer to grant her leave on the same terms applicable to those who had become parents via adoption. He also directed the employers to add the child to the insurance scheme.
Before we get too haughty, it is worth bearing in mind that this decision puts Indian Commissioning Parents in a better position than their
So, it will be a while still before we know whether the protections proposed for Commissioning Parents survive Committee Stage. Here’s hoping they do, and that those parents get the rights and entitlements many others take for granted. The progress of the Bill can be followed here.