Beyond the three-month barrier – Supreme Court strikes down arbitrary age cap on maternity benefits for adoptive mothers.

In a landmark verdict for reproductive autonomy and child welfare, the Supreme Court of India, in Hamsaanandini Nanduri v. Union of India[1], on 17^th March 2026, has struck down the age-based restriction on maternity benefits for adoptive mothers. Bench of Hon’ble Justice J.B. Pardiwala and Hon’ble Justice R. Mahadevan declared that Section 60(4) of the social security code, 2020, which limited benefits to those adopting children under three months of age, is unconstitutional and discriminatory.

The petitioner, an adoptive mother, challenged the constitutional validity of provisions in the maternity benefit Act, 1961 and subsequently the pari materia Section 60(4) of the social security code, 2020. The law granted twelve weeks of maternity leave only if the adopted child was ‘below the age of three months.’ The petitioner contended that this restriction was arbitrary and ignored the practical realities of the adoption process in India. Under the central adoption resource authority regulations and the Juvenile Justice Act, the legal process to declare a child ‘free for adoption’ often takes several months, making it almost impossible to adopt an infant under the age of three months. Consequently, the vast majority of adoptive mothers were being systematically excluded from statutory benefits.

The court performed a rigorous constitutional audit of the provision, finding it to be in gross violation of the right to equality and dignity. The bench held that the distinction is based on the child’s age had no ‘rational nexus’ with the objective of the Social Security Code. The responsibilities of motherhood and the need for bonding do not diminish simply because an adopted child is older than three months. Justice Pardiwala observed that the age limit rendered the benefit and the same is illusory and devoid of practical application and by the time legal formalities are completed, most children are already past the three-month mark, effectively nullifying the law for most parents.

This judgment is a major step toward equalizing the status of adoptive and biological mothers. It recognizes that ‘motherhood’ is a social and emotional construct as much as a biological one. The Supreme Court by striking down the three-month cap, has ensured that the ‘right to bond’ is protected for all adoptive families, providing them with the necessary time and economic security to integrate a child into their home.

[1] (Writ Petition (C) No. 960 of 2021)