Surrogacy in India

Centre amends Maternity Leave Rules for Surrogacy


From UPSC perspective, the following things are important :

Prelims level: Surrogacy (Regulation) Act, 2021

Why in the News?

  • The Centre has notified amended rules allowing women government employees to take 180 days of maternity leave for children born through surrogacy.
    • Changes are introduced in the Central Civil Services (Leave) Rules, 1972.
    • There were previously no rules granting maternity leave to women government employees for children born through surrogacy.

Back2Basics: Surrogacy (Regulation) Act, 2021 

  • Purpose: The Act aims to regulate surrogacy in India by prohibiting commercial surrogacy and allowing only altruistic surrogacy.
  • Eligibility Criteria:
    • Only Indian couples who have been legally married for at least five years can opt for surrogacy.
    • The woman must be between 25 to 50 years old, and the man must be between 26 to 55 years old.
    • Both partners must not have any living biological, adopted, or surrogate children.
  • Surrogate Mother Criteria:
    • The surrogate mother must be a close relative of the intending couple.
    • She should be a married woman having her own child and must be 25 to 35 years old.
  • Prohibitions:
    • Commercial surrogacy is banned under this Act.
    • Any form of payment to the surrogate mother beyond medical expenses and insurance coverage is prohibited.
  • Penalties:
    • Engaging in commercial surrogacy can lead to imprisonment up to 10 years and a fine up to Rs 10 lakhs.
  • Regulatory Bodies:
    • The Act establishes a National Surrogacy Board at the national level and State Surrogacy Boards at the state level to oversee the implementation of the law.

About the Central Civil Services (Leave) (Amendment) Rules, 2024

  • The amendment is issued under this notification, exercising the powers conferred by the proviso to Article 309 of the Constitution.
    • Article 309 provides that acts of the appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.
  • Authority: The President of India has made these amendments to the Central Civil Services (Leave) Rules, 1972.

Features and Benefits:

  • Surrogacy Inclusion: These amendments specifically address the needs of surrogacy, providing equitable maternity, paternity, and childcare leave benefits to government employees involved in surrogacy.
  • Enhanced Leave Entitlements:
    • Maternity Leave: 180 days for both the surrogate and the commissioning mother.
    • Paternity Leave: 15 days for the commissioning father within six months of the child’s birth.
    • Child Care Leave: Available to the commissioning mother. Female government servants and single male government servants are already allowed childcare leave for a maximum of 730 days (2 years!) during their entire service for the care of their two eldest surviving children.
  • Flexibility and Inclusivity:
    • The amendments aim to provide more flexible and inclusive leave options for government employees, recognizing diverse family structures and reproductive choices.
  • Support for Families:
    • These changes enhance support for government employees, ensuring they can adequately care for their children and family needs, especially in cases of surrogacy.
  • Administrative Implementation:
    • The rules simplify the process for applying for and approving leave, ensuring that employees can easily access their entitlements.


  • Employee Well-being: Improved leave policies contribute to better work-life balance and overall well-being for government employees.
  • Gender Equality: By providing paternity leave and child care leave in surrogacy cases, the rules promote gender equality and shared parenting responsibilities.
  • Organizational Efficiency: Streamlined leave procedures and clear guidelines help maintain productivity and efficiency within government departments.


[2020] In the context of recent advances in human reproductive technology, “Pronuclear Transfer” is used for:

(a) fertilization of egg in vitro by the donor sperm

(b) genetic modification of sperm-producing cells

(c) development of stem cells into functional embryos

(d) prevention of mitochondrial diseases in offspring

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