Maternity Leave & Motherhood through surrogacy
Judgment dated 3.8.2026 of the High Court of Himachal Pradesh in CWP No.14883 of 2025 of Dr. Juhi Manhas Vs. State of H.P. and others
Maternity Leave & Motherhood through surrogacy
“A mother is a mother, be it by giving birth to a child naturally or being a commissioning mother
the object of the maternity leave is to protect the dignity of motherhood by providing for full and healthy maintenance to the woman and her child. Maternity leave is intended to achieve the object of High Court of H.P. ::: Downloaded on – 15/09/2026 12:16:00 :::CIS 19 ( 2026:HHC:32083 ) ensuring social justice to women. Motherhood and childhood both require special attention
Rule 43 of the CCS Leave Rules
The petitioner was refused maternity leave on adoption of surrogacy on the ground that the Department has not adopted the Notification dated 18.6.2024 of the DoPT of the Government of India.
DoPT Notification dated 18/6/2024, an amendment was carried out in these CCS (Leave) Rules by incorporating sub-rule (6) in Rule 43, which provides that in case of surrogacy, the surrogate as well as commissioning mother, with less than two surviving children may be granted maternity leave of 180 days, in case either or both of them are government servants.
Thus, the surrogate mother as well as the commissioning mother are entitled to all the benefits.
The contention of the State that the petitioner is not entitled for maternity leave as the DoPT notification dated 18/6/2024 has not been adopted by the State Government, does not hold any water now, as the Hon’ble Division Bench of this Court in CWP No. 4509 of 2020, titled Sushma Devi vs. State of HP & Others, decided on 04/03/2021, has been pleased to hold that the distinction between a mother who begets a child through surrogacy and a natural mother who gives birth to a child would result in insulting womanhood and the intention of a woman to bring up a child begotten through surrogacy.
The petitioner herein has been blessed with two children, though through surrogacy and she is a commissioning mother. However, the fact of the matter remains that a mother is a mother, be it by giving birth to a child naturally or being a High Court of H.P. commissioning mother. The maternity leave, as is provided in the CCS (Leave) Rules is obviously both for the benefit of the mother as well as the newly born child. Though initially, the maternity leave was not expressly for a surrogate mother or a commissioning mother, but in terms of DoPT notification dated 18/6/2024, in case of surrogacy, the surrogate as well as commissioning mother have been granted the same status as that of a female government servant, who gives birth to a child. Now, incidentally, the maternity leave is not only given to the commissioning mother, that is the mother with whom the child stays after being given birth through surrogacy, but also to the surrogate mother, who obviously parts with the child after the birth of the child.
In light of the fact that judgment of the Hon’ble Division Bench of this Court has attained finality, as this Court has been informed, there is no need even to adopt the DoPT notification dated 18/6/2024, as in terms of the law declared by this Court, which is binding on the State of Himachal Pradesh, a female government employee of the State of Himachal Pradesh, who is a commissioning mother or a surrogate mother is entitled for maternity leave at par with any other female government servant as per Rule 43(1) of the CCS (Leave) Rules, 1972
