{"id":393600,"date":"2026-08-18T15:00:47","date_gmt":"2026-08-18T09:30:47","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=393600"},"modified":"2026-08-18T14:54:54","modified_gmt":"2026-08-18T09:24:54","slug":"pregnant-adopting-or-a-surrogate-mother-heres-every-maternity-right-youre-entitled-to-under-indian-law","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/08\/18\/pregnant-adopting-or-a-surrogate-mother-heres-every-maternity-right-youre-entitled-to-under-indian-law\/","title":{"rendered":"Pregnant, Adopting, or a Surrogate Mother? Here’s Every Maternity Right You’re Entitled to Under Indian Law"},"content":{"rendered":"
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Pregnancy changes a lot more than just daily routine. It affects a person physically, emotionally, and financially, and recovery does not end once the baby is born. Between medical recovery, caring for a new born, and adjusting to a completely new phase of life, balancing work at the same time can become overwhelming.<\/p>\n

Maternity benefits are legal protections meant to support employees during pregnancy and childbirth, while ensuring that health, income, dignity, and job security are not compromised in the process.<\/p>\n

Even with legal protections in place, many women still do not fully know their maternity rights or hesitate to use them because of workplace pressure and fear of being treated differently. In many cases, maternity leave is seen as an inconvenience rather than a normal and protected part of working life. Awareness therefore becomes extremely important. Maternity benefits are legal rights designed to ensure that no one is forced to choose between motherhood and financial security.<\/p>\n

Legal Framework Governing Maternity Benefits in India:<\/p>\n

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  1. \n

    Maternity Benefit Act, 1961<\/a> —<\/span> Applies to women working in establishments covered under the Act who are not receiving maternity benefits through the Employees’ State Insurance (ESI) framework.<\/p>\n<\/li>\n

  2. \n

    Employees’ State Insurance Act, 1948<\/a> —<\/span> Maternity benefits are paid through the Employees’ State Insurance Corporation (ESIC) instead of directly by the employer.<\/p>\n<\/li>\n<\/ol>\n

    These laws have now been consolidated under the Code on Social Security, 2020<\/a> (Social Security Code).<\/p>\n

    Read Also: Himachal Pradesh HC allows maternity leave to female government employee for her third child; reiterates stand taken by SC in K. Umadevi<\/a><\/p>\n

    Which Rules Apply?<\/p>\n

    The law that applies will depend mainly on:<\/p>\n