New Delhi: Under new amendments made by the Centre to a 50-year-old rule, women government employees who have children through surrogacy can now take up to 180 days of maternity leave. Additionally, the amendments allow the commissioning mother (the woman who intends to have the child through surrogacy) to take child care leave. Meanwhile, the commissioning father is entitled to 15 days of paternity leave. These changes have been incorporated into the Central Civil Services (Leave) Rules, 1972.Whats new in parental leave surrogacyThe amended rules from the Personnel Ministry now allow maternity leave of 180 days for government servant surrogates and commissioning mothers who have less than two surviving children. Previously, there were no specific rules for maternity leave in such cases for women working in government roles.For male government servants who are commissioning fathers and have less than two surviving children, the new rules also grant paternity leave of 15 days within six months from the childs birth if the child was born through surrogacy.What Leave Amendment says According to the Central Civil Services (Leave Amendment) Rules, 2024, if the commissioning mother has fewer than two surviving children through surrogacy, she may be given child care leave.Current rules permit female government servants and single male government servants to take child care leave for a total of up to 730 days throughout their service. This leave is for caring for their two oldest surviving children, including responsibilities like raising them, attending to their education, dealing with their illnesses, and similar needs.Personnel Ministrys clarificationThe Personnel Ministry clarified in the amended rules that the “surrogate mother” is the woman who carries the child for the commissioning mother, and the “commissioning father” is the intended father of the child born through surrogacy.
