Surrogacy Leave in India for Parents and Surrogate Mothers
Surrogacy Leave in India for Parents and Surrogate Mothers
Surrogacy leave is time off from work for parents or a surrogate mother around the birth of a child. Central Government servants can get 180 days of maternity leave and 15 days of paternity leave under the 2024 rules. For private jobs, the Maternity Benefit Act and your employer's policy decide.
What does surrogacy leave mean?
It is not a separate kind of leave with its own name in every workplace. It means the maternity, paternity or child care leave given when a child arrives through surrogacy instead of a normal pregnancy.
The commissioning parents are the couple or woman who will raise the child. The surrogate mother carries the pregnancy. Each of them may need time off, and the rules treat them differently. Our page on what surrogacy is and who the surrogate, parents and egg donor are explains these roles.
Whether you can take leave, and how much, depends mainly on one thing: who your employer is.
What leave can Central Government employees take for surrogacy?
The Central Civil Services (Leave) (Amendment) Rules, 2024, were notified on 18 June 2024 (G.S.R. 331(E)). They apply to Central Government servants and extend leave benefits to families built through surrogacy. You can read the notification in the official DoPT gazette document.
| Type of leave | Who can be granted it | What the rules say |
|---|---|---|
| Maternity leave | The surrogate mother and the commissioning mother, if either or both are Government servants | 180 days; the commissioning mother must have fewer than two surviving children |
| Paternity leave | Commissioning father with fewer than two surviving children | 15 days, to be taken within 6 months from the date of delivery of the child |
| Child care leave | Commissioning mother with fewer than two surviving children | Granted as per the child care leave rules; check the gazette for details |
The words "may be granted" matter. Leave is sanctioned by your competent authority, so apply in writing and keep a copy.
Do commissioning mothers get maternity leave in private jobs?
The Maternity Benefit Act, 1961 grants 12 weeks of maternity benefit. This applies to a commissioning mother from the handover date. The same benefit has been carried into the Code on Social Security, 2020.
Two points help you plan. First, the 12 weeks start when the baby is handed over, not on the due date. Second, your company may offer more than the legal minimum. Confirm with your HR team which law and policy apply to your workplace. State government rules and company policies can differ. The Ministry of Labour and Employment is the official body for labour laws.
Can a commissioning father take paternity leave?
A Central Government commissioning father with fewer than two surviving children may be granted 15 days of paternity leave. He must take it within 6 months from the date of delivery.
For private-sector fathers, there is no one rule to quote here. It depends on your employer's paternity or parental leave policy. Ask HR whether the policy covers a child born through surrogacy, and get the answer in writing. If the policy is silent, you can still request annual leave or a leave arrangement with your manager.
What about the surrogate mother's leave?
Surrogacy in India is altruistic. The surrogate mother carries the pregnancy without payment, except for permitted medical expenses and insurance cover. You can read more about this in our guide to altruistic surrogacy.
If the surrogate mother is a Government servant, the 2024 rules allow 180 days of maternity leave for her. In the private sector, her leave depends on her employer's policy. She should speak to her HR team early.
Whatever her job, her health comes first. Pregnancy and recovery need rest. Parents must respect her need for time away from work. Discuss this openly before the pregnancy begins during the surrogacy procedure.
How should you plan and apply for leave?
Surrogacy timelines are less predictable than a normal pregnancy, so planning ahead helps. A practical order of steps:
- Read your leave policy. Look for words such as maternity, paternity, adoption, commissioning mother or surrogacy.
- Speak to HR privately. Ask which leave applies, how many days, and from which date the leave is counted.
- Ask what proof is needed. Employers may ask for documents. Find out the list early instead of when the baby arrives.
- Get the answer in writing. An email from HR is enough to avoid confusion later.
- Keep your legal paperwork in order. Complete the required approvals, including registration on the National ART and Surrogacy Portal where applicable.
- Plan a flexible start date. The delivery date and handover date may differ, so avoid fixing leave dates too early.
Do you have to tell your employer about surrogacy?
You do not need to share medical or personal details beyond what is needed to process leave. Many people tell only HR, and only that they are applying for leave under the policy for a commissioning parent.
If you want to keep things private, say so to HR at the start and ask who will see your documents. A calm, clear request usually works better than a long explanation.
What if you work for a state government or a company with its own policy?
The 2024 rules cover Central Government servants. State governments, public sector undertakings, banks and private companies set their own rules or follow their own service regulations. Some may match the central rules, some may not.
Check your service rules or ask your department's establishment section. For central matters, the Department of Personnel and Training publishes the latest notifications. Rules can be amended, so always confirm the current version before you apply.
Leave is only one part of the legal picture. To understand eligibility and approvals, see our guides on whether surrogacy is legal in India and the surrogacy law in India.
Frequently Asked Questions
What is surrogacy leave?
It is the maternity, paternity or child care leave available when a child is born through surrogacy. For Central Government servants it is set out in the 2024 amendment to the leave rules. For others it depends on the Maternity Benefit Act and the employer's policy.
How many days of maternity leave does a commissioning mother get?
A Central Government commissioning mother with fewer than two surviving children may be granted 180 days. In private jobs, the Maternity Benefit Act, 1961 provides 12 weeks from the date the child is handed over. Confirm the exact position with your HR team.
Is paternity leave available for a commissioning father?
Yes, for Central Government servants. A commissioning father with fewer than two surviving children may be granted 15 days within 6 months of delivery. In the private sector, it depends on your employer's policy.
Does the surrogate mother get maternity leave?
If she is a Government servant covered by the 2024 rules, 180 days of maternity leave may be granted to her. If she works in the private sector, it depends on her employer's policy, and she should confirm it with HR.
Can both the surrogate mother and the commissioning mother take maternity leave?
Under the central rules, maternity leave may be granted to each of them if she is a Government servant. The commissioning mother must have fewer than two surviving children. Each woman applies to her own employer.
Is child care leave available for a commissioning mother?
Yes, a Central Government commissioning mother with fewer than two surviving children may be granted child care leave. The detailed conditions are in the leave rules, so check them with your office before applying.
Does the Maternity Benefit Act cover a mother whose child is born through surrogacy?
Yes, it gives a commissioning mother 12 weeks of maternity benefit from the date the child is handed over to her. The same benefit is carried into the Code on Social Security, 2020. Ask HR which applies in your workplace.
Will my employer ask for proof?
Possibly. Practices differ, so ask HR which documents they need before you apply. Keep your surrogacy approvals and the child's birth records safe and easy to find.
Planning leave alongside surrogacy can feel like one more thing to manage. If you want guidance on your case, the VinsFertility team is happy to help. We offer support with no pressure.
Sources & References
- The Surrogacy (Regulation) Act, 2021 — Government of India
- Indian Council of Medical Research (ICMR) — National ART & Surrogacy Registry
- NABL — National Accreditation Board for Testing and Calibration Laboratories
- World Health Organization (WHO) — Infertility clinical guidance
- PubMed — Peer-reviewed fertility research (NIH/NLM)
All external sources link to primary government, medical, or peer-reviewed material. This article is reviewed by a qualified fertility specialist and updated as clinical guidance changes.
