Earlier, there was no such provision of maternity leave for the above category and necessary directions in this regard have been issued to the concerned department, he said in a statement issued in Shimla
The Rajasthan high court has ruled that maternity leave must be granted to women who have children through surrogacy, stating that any distinction between different types of mothers is an "insult" to motherhood. The court ordered the state to grant the petitioner 180 days of maternity leave and to enact legislation for maternity leave for surrogate and commissioning mothers. The court argued that the right to motherhood is protected under Article 21 of the Constitution of India and that newborn babies born through surrogacy need the love, care, and protection of their mother during the early crucial period after birth.