The Odisha government has granted 180 days of maternity leave to women employees who have children through surrogacy. Surrogate fathers are also entitled to 15 days of paternity leave, according to a notification from the finance department.

The notification specifies that “a state government woman employee, having less than two surviving children, who becomes a ‘commissioning mother’ will be eligible for maternity leave of 180 days. A state government male employee, having less than two surviving children, who becomes a ‘commissioning father’ will be eligible for paternity leave of 15 days within the period of 6 months from the date of delivery of the child. If both the surrogate mother and the commissioning mother are state government employees, both will be eligible for 180 days of maternity leave each. Agreement on surrogacy made between surrogate mother and commissioning parents along with supporting medical documents from registered doctors/hospitals have to be produced for claiming maternity/paternity leave.”

Surrogacy is an assisted reproductive method in which a woman carries and delivers a child for another individual or couple. Many couples opt for this approach due to various reasons, including infertility and health risks associated with pregnancy.

In 2022, the Parliament enacted the Surrogacy (Regulation) Bill, 2021, which prohibits commercial surrogacy but permits altruistic surrogacy, allowing no financial compensation for the surrogate mother beyond medical costs and insurance during the pregnancy.

Earlier this year, the Centre expanded maternity and paternity leave benefits for government employees who become parents through surrogacy.

In July, the Orissa High Court ruled that surrogate mothers are entitled to equal maternity leave, considering early caregiving in child development. This ruling came in response to a petition filed by OFS officer Supriya Jena in 2020, challenging the denial of 180 days of leave.

Justice SK Panigrahi invoked Article 21 to instruct the Odisha government to provide equal treatment to adoptive and surrogate mothers, referencing international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women to ensure fair employment practices.

“Maternity leave should be granted to employees who become mothers through surrogacy to ensure treatment and support for all new mothers, irrespective of how they become parents,” he said.