Discrimination between biological & adoptive mothers: SC agrees to examine the law

6 May 2023

Under the Maternity Benefit Act, there is no provision for maternity leave for a mother who is adopting an abandoned, orphaned, or foster child who is older than three months.

By Kanu Sarda: For Karnataka-based Hamsaanandini Nanduri, an adoptive mother since 2017, bringing up her two young children was an uphill task because of the discriminatory provisions under the Maternity Benefit Act.

When Hamsaanandini went for adoption through the Central Adoption Resource Authority (CARA), she was given the option of adopting two children who were siblings and CARA did not want them to be separated. She readily agreed to adopt the four-and-half-year-old girl and her two-year-old brother.