The Kerala High Court on Tuesday held that there should not be any discrimination against woman employees who had a baby through surrogacy in the matter of granting maternity benefits.
Justice Dama Seshadri Naidu made the ruling while disposing of a writ petition filed by P. Geetha, Deputy General Manager, Kerala Livestock Development Board, who obtained a baby through a surrogate mother, against the refusal of the board to grant her maternity leave.
Board’s contention
The board rejected her request on the ground that its staff rule and regulation did not provide leave to a woman employee who got a baby through surrogacy.
All benefits ordered
The court made it clear that the petitioner was entitled to all post-delivery benefits sans the leave for improving the health of the mother after delivery.
The court observed that child-specific statutory benefits, if any, could be extended to the petitioner.
In fact, the petitioner did not bear the child and she could not insist on leave for convalescing and regaining her health, the court said. According to the petitioner, there was no justification for refusing maternity leave for the reason that the baby was born thorough a surrogate mother.
Petitioner’s case
She also contended that motherhood was an integral part of womanhood, and with advanced assisted-reproduction methods in place, one could not cling to the traditional meaning of maternity.
A woman who had a baby through surrogacy should be treated just as a natural mother, and she should not be discriminated merely on the ground that she did not bear a child in her womb.
Counsel for the board contended that as the petitioner did not carry the child and give birth to it, she was not entitled to any maternity benefits available to the natural mother. In fact, the board had given the petitioner extraordinary leave of 62 days.
KLDB had denied maternity leave to petitioner
Directive to grant her all post-delivery benefits
Ruling on writ plea by State employee who was denied maternity leave as she obtained a baby through a surrogate mother.
