KOCHI: Expressing concern over lack of rules and regulations on
surrogacy, the Kerala High Court on Tuesday observed that there should
not be any discrimination towards women who adopt the method while
granting maternity leave and other benefits.
The court also observed that even in the absence of statutory framework, surrogacy in India is not illegal.
Justice
Dama Seshadri Naidu issued the directive on a petition filed by Geetha,
Deputy General Manager, Kerala Livestock Development Board, challenging
her employer’s decision to decline her maternity leave to look after a
baby obtained through surrogacy.
The Board rejected her request
on the ground that the Board’s regulations did not allow providing leave
to a woman employee who got a baby through surrogacy.
Counsel
for the petitioner Thushara James submitted that maternity, either
through biological process or through surrogacy, is the same for all the
intended benefits. Motherhood does not end with a delivery of a baby,
but continues, with more vigour, through the process of child-rearing,
which is an equally difficult task. The court said the petitioner was
entitled to all post-delivery benefits sans the leave for improving the
health of the mother after delivery.
Child specific statutory
benefits, if any, could be extended to the petitioner. She is eligible
for two breaks of the prescribed duration for nursing the child until
the child attains the age of 15 months.
The petitioner also
contended that motherhood was an integral part of womanhood and with the
advanced assisted reproduction techniques in place, one could not cling
to the traditional meaning of maternity.
Sumathi Dandapani,
counsel for the Board, submitted that the petitioner went on leave with
an excuse that she has to take care of a newborn.
For Detail Judgement :
Kerala High Court Judgement
Ref:http://www.newindianexpress.com/states/kerala/Surrogate-Mothers-Entitled-to-Maternity-Leave-Benefits-HC/2015/01/07/article2607030.ece
