Neenu (software engg) 10 May 2014

Surrogacy rules as per 2014

Hi All,

I am looking for expert advice for following:

Due to some medical reasons, I am not able to conceive and planning for surrogacy in which me and my husband would be the biological parents with help of surrogate.

I am working in private MNC (IT company)

1. Will I be eligible to avail maternity leaves to take care of newborn baby?

I have gone through existing posts dated 2012 but then there were some recent incidents took place and were taken to court

https://www.indiankanoon.org/doc/28691523/

https://indiankanoon.org/doc/854968/

I have attached these cases as attachment.

Could you experts please confirm if there are any recent changes in law wrt surrogacy.

2. my second question is, if surrogacy is also considered for maternity leaves, DO i need to inform my company about it?

Because of conservative thought process and sentiments attached to surrogacy (as it is still not easily acceptable in our indian society) I don't want my baby to face any criticism or to be talk of the town.

I am planning to keep it between me, my husband and our doctor AND fake it for society. [i still dont have any clue if it will be feasible]

So in that case, Do i need to inform my company that i am opting for surrogacy? what if i dont inform, will it be illegal?

I am quite certain that my in laws won't ever accept surrogacy, or will always treat baby differently. i dont want kid to face any mental trauma. I guess keeping it secret is the only option

Thanks in advance.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 10 May 2014

The referred citations are well settled law with regard to your query, however it has reference to the governmental service leave rules, its applicability to the private sector has to be seen. Please refer to your company's leave rules and take a decision on the subject accordingly.

Kumar Doab (FIN) 11 May 2014

This is an interesting thread and issue does need to be addressed for the needs(s) of society.

Your issue is not just Maternity benefit but perceived stigma as well.

Pls consult a Clinical Counselor also.

Have you gone thru leave policy of the company? Is there anything on 'Adoption leave' in your company and company of your husband.

IT/ITeS companies are quite accommodating and as per some publication some companies provide

benefits equivalent to maternity Benefit.

There would be more inputs.

IN the meantime pls go thru:

https://www.lawyersclubindia.com/forum/Re-Maternity-leave-53895.asp#.U2-rY0eBmXU

Neenu (software engg) 26 May 2014

Dear Experts,

My company's leave policy only states

· Maternity Leave will be applicable for all female employees up to 3 months as per statutory Maternity Benefit Act, of which not more than six weeks shall precede the expected date of delivery.

does it mean it is equivalent to govt leave policy.. and other two cases which i put earlier for reference are also applicable in my company as well?

Thanks in advance.