Introduction: Understanding Adoption Leave in India
Bringing home a child marks one of the biggest shifts in a person’s life, and for those who choose to adopt, it can be a deeply meaningful one. Nevertheless, one of the most significant challenges for adoptive parents is obtaining adequate time off work to spend with their newly adopted child. Fortunately, Indian labour laws provide adoption leave in India to enable parents to take some time off to adjust to their new responsibilities of parenthood.
In this article, we will explore adoption leave in India in more detail:
- Adoption-related paid maternity and paternity benefits.
- What does the law say about adoption leave?
- The application process and employer responsibilities.
- Difficulties for adoptive families.
- A comparison of adoption policies around the world.
As such, government employees, private-sector professionals, and human resources managers need to be familiar with adoption leave laws to ensure compliance and foster a supportive workplace for new parents.
What is Adoption Leave in India?
Adoption leave is the period of absence from work granted to an employee when adopting a child. It helps new parents to bond with their adopted child, complete their legal formalities, and provide emotional and physical care.
Adoption leave is regulated differently than maternity leave for biological mothers and depends on:
- The gender of the employee (mothers vs. fathers)
- Employment in the government and the private sector
- The age of the adopted child
Indian labour laws provide for paid adoption leave only for adoptive mothers, under the Maternity Benefit Act, of 1961. Adoptive fathers are not entitled to statutory paternity leave or pay unless they work in the public sector.
Legal Entitlements for Adoption Leave in India
Adoptive Mothers Have Rights: Maternity Leave
The Maternity Benefit Act, of 1961, grants 26 weeks of paid leave to adoptive mothers, if the adopted child is less than three months old in India.
Key provisions:
- 26 weeks of paid adoption leave for mothers adopting a child under the age of three months.
- If the child is older than three months, the mother qualifies for only 12 weeks of leave.
- Only applies to women employed in establishments with 10 or more employees.
- The leave benefits can be availed twice in a woman’s career.
Adoption Leaves for Fathers
In biological cases, companies may offer paternity leave to their employees as mentioned in their policies, but under Indian laws, adoptive fathers do not have statutory provisions of the same. However:
- Government Employees: Central Government employees can avail paternity leaves up to 15 days when adopting a child or having a child through a biological process.
- Private-Sector Employees: While some companies may have paternity leave for adoption in their human resources policies, but it is not mandated by law.
Adoption Leave for Government vs. Private-Sector Employees
| Employee Type | Adoption Leave (Mothers) | Adoption Leave (Fathers) |
| Central Government Employees | 26 weeks (if the child is <3 months), 12 weeks otherwise | 15 days of paternity leave |
| State Government Employees | Varies by state policy | Entitled to paternity leave |
| Private-Sector Employees | 26 weeks (applicable if covered under the Maternity Benefit Act) | No statutory paternity leave; depends on the company |
Eligibility Criteria for Adoption Leave in India
- Paid adoption leave of 26 weeks is granted to women with a child under three months of age.
- Adoptive mothers receive 12 weeks of paid leave if the child is over three months old.
- As per the central or state government guidelines, all government employees (men and women) can avail adoption leave.
- Single adoptive mothers qualify for the same benefits.
- LGBTQ+ parents and same-sex couples may face challenges due to a lack of recognition in labour laws.
Process of Filing for Adoption Leave in India
How to Claim Adoption Leave: A Step-by-Step Guide
- Give the Employer a Heads-Up: Most organizations require you to inform HR at least 30 days in advance.
- Provide required documents:
- A copy of the adoption deed
- The child’s birth certificate
- A leave application letter
- Wait for Approval: Employers review and approve applications according to internal HR policies.
- Follow Company Policy: Some private companies might offer additional leave benefits beyond what is legally required.
Employment Liability and Legal Obligations
- Companies must respect adoption leave in compliance with the Maternity Benefit Act policies.
- Employer cannot deny or penalize the employees for requesting adoption leave.
- Failure to fulfil adoption leave policies may lead to legal consequences, including lawsuits from employees.
Adoption Leave in India vs. Other Countries
India achieved an important milestone in the Maternity Benefit Act, 1961, by recognising adoption leave for mothers. However, in comparison to other countries, there are gaps in policy — most notably in paternity leave for adoptive fathers. Let us look at how India’s adoption leaves policies stack up against the U.S., UK, and other countries.
Adoption Leave in United States (U.S.)
In the U.S., there is no national requirement for paid adoption leaves. However, adoptive parents are eligible for leave under the Family and Medical Leave Act (FMLA), which states:
- The right to unpaid leave, up to 12 weeks, for adoptive parents.
- Applies to employees at companies with 50 or more employees
- Paid Family Leave (PFL) benefits for adoptive parents are available in supporting states, including California, New York, and New Jersey.
- Private-sector companies may offer additional benefits, such as paid adoption leave.
Limitations in the U.S. System:
- No mandatory paid leave for adoption at the national level.
- Duration of the adoption leave depends on the state and employer policies.
- Inconsistencies in leave entitlements for fathers and same-sex couples.
Adoption Leave in the United Kingdom (UK)
Adoption leave in the UK is one of the most organized and flexible in the world. Under UK law:
- Both adoptive mothers and fathers are entitled to 52 weeks’ adoption leave.
- Statutory Adoption Pay (SAP) lasts for 39 weeks:
- The first 6 weeks are paid at 90% of the employee’s salary.
- The remaining 33 weeks are paid at a standard rate set by the government.
- Single or same-sex adoptive parents receive equal benefits.
- Parents can take shared leave under Shared Parental Leave (SPL).
UK System Best Practices
- Equal adoption leaves rights for mothers and fathers
- Statutory Adoption Pay (SAP) ensures financial support for parents adopting the child.
- Adoption leave benefits are not discriminatory against LGBTQ+ individuals.
Worldwide Adoption Leave
Canada
- Provides up to 40 weeks of parental leave.
- At least 15 weeks’ paid leave for adoptive parents.
- Employers offer top-up benefits, covering up to 80% of salaries.
Australia
- Adoptive parents are entitled to 52 weeks of unpaid parental leave.
- Some employers include paid adoption leave in their HR policies.
Sweden
- Provides up to 480 days of paid leave to each adoptive parent.
- Leave can be evenly split between both parents.
- Paid leave covers for 80% of salaries for most of the period.
Lessons for Indian Countries Offering Adoption Leave
In comparison to developed countries, India is far behind in providing equal and adequate adoption leave for all genders. Here’s what India can learn from global best practices:
- Gender-Neutral Leave Policy for Adoption: In India, parents should be granted leave to spend time with their newly adopted child. When one opts for adoption, the leaves should be given equally to men and women.
- Financial Support for Adoptive Parents: Countries such as the UK and Canada offer statutory pay to financially support adoptive parents.
- Inclusive Adoption Leave for LGBTQ+ and Single Parents: Adoption Leave Policies in India lack clarity on their applicability to same-sex couples and single parents. A broader legal framework is necessary.
- National-Level Policies: Most developing countries have national policies that cover both government employees and private-sector employees. However, private employers can choose whether to grant adoption leave in India.
Adoption Leave Policies in India: Challenges and Legal Loopholes
Adoption leave in India is recognized, but several challenges and legal loopholes hinder the rights of adoptive parents from fully utilizing this policy.
1. Father’s Right to Take Limited Adoption Leave
- The private-sector’s adoptive fathers have no paternity leave legal provision.
- Only central government employees are entitled to 15 days of adoption leave.
- Paternity leave for private-sector employees depends on company-specific HR policies, which vary greatly.
Impact: Fathers have no or little time to spend with their adopted child or children.
Solution: Unlike global policies, Indian adoption policy does not extend paternity leave benefits to adoptive fathers.
2. Adoption Leave Gap for Same-Sex Couples & LGBTQ+ Parents
- Indian labour laws do not include same-sex couples as beneficiaries of adoption leave.
- LGBTQ+ employees do not have a right to parental leave offered by private-sector employers.
Impact: Parents of the same sex, if adoptive, might struggle to get time off to take care of their child.
Solution: Adoption laws need to be amended to include LGBTQ+ parents to ensure that everyone has equal rights.
3. Unequal Adoption Leave Between Government & Private-Sector Employees
- Government Employees: 26 weeks of paid adoption leave.
- Private-sector Employees: Leave is only available at the employer’s discretion.
Impact: Adoption leave is not legally mandated in private companies, making it difficult for employees to plan for adoption.
Solution: Extend maternity benefits for all employees regardless of industry by amending the Maternity Benefit Act.
4. Not the same financial assistance for adoptive parents
- India does not have statutory financial benefits for adoptive parents like the UK and Canada.
Impact: Many working parents face economic hardship even if they take unpaid time off to care for an adopted child.
Solution: To enable more families to consider adoption as a viable solution, the Indian government should introduce monetary or social security benefits for adoptive families.
5. Sustained Lack of Awareness & Non-Compliance by Employers
- The other problem is that many employers (perhaps most) have never heard of the adoption leave policy, and people have been denied leave when requesting it.
- Employees are often unaware of their rights, which complicates the enforcement of adoption leave benefits.
Impact: Many employees are unwilling to adopt the hybrid way of working, which jeopardizes efficiency.
Solution: Awareness during the adoption can be created through campaigns, legal education, and enforcing adoption mechanisms for adoption leave.
Final Thoughts
India has made strides in adoption leave, but many gaps remain, particularly for fathers, private-sector employees, LGBTQ+ parents, and families with financial hardship.
To design and implement a truly inclusive and supportive adoption leave policy, the government must:
- Create adoption leaves policies uniform across sectors.
- Provide equal leave to mothers and fathers.
- Ensure same-sex couples and single parents qualify for adoption leave benefits.
- Implement financial support systems for adoptive parents.
These Policy reforms will help India align with global best practice and provide all adoptive parents in India with a supportive, family-friendly work environment.
FAQs on Adoption Leave in India
1. Do adoptive fathers get paternity leave in India?
At present, only central government employees will be entitled to get 15 days paternity leave per adoption. A private company may offer paternity leave based on their HR policies, however, it is not legally mandated.
2. What happens if my employer refuses adoption leave?
If you are entitled to leave under the Maternity Benefit Act, 1961 and your employer denies it, you may complain to the labour commissioner or file a suit against your employer.
3. Is there adoption leave for LGBTQ+ couples?
While there are no specific provisions for LGBTQ+ adoptive parents, some companies have inclusive HR policies applicable to same-sex couples under Indian labour laws.
4. Can I get adoption leave if I adopt a child over three months old?
Yes, but the length is reduced to 12 weeks for adoptive mothers.
Conclusion:
Adoption is a life-changing decision and having sufficient adoption leave in India is important for both the parent and the child. Public policy grants rights to adoptive mothers but not adoptive fathers, as there is no statutory paternity leave.
Ensuring that adoptions leave policies are inclusive and equitable will require HR professionals, policymakers, and legal experts to work together and advocate for change. Organizations must implement progressive HR policies that will foster and support adoptive parents, making the transition into parenthood easier.
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