Central Govt employee opts for a surrogate child – What says CCS (Leave) Rules?

Female Employees Having Child by Surrogacy to Get Maternity Leave

Surrogacy Leave Policy

Maternity leave is a crucial benefit for female employees of Central Government organizations. With the advancements in medical sciences, surrogate pregnancies have become a popular option for childless couples. However, the question arises whether female employees who opt for surrogate pregnancies can claim maternity leave. Currently, women employees of Central Government establishments are entitled to 180 days of maternity leave, while male employees are given 15 days of paternity leave if they adopt a baby. However, there are no leave entitlements for the parents of surrogate children. It is important to examine the Surrogacy Leave Policy to address the concerns of female employees who choose to have babies through surrogate mothers. The Indian Medical Research Council also has valuable insights on this matter. Ultimately, as parenthood is considered a gift of god, it is important to ensure that all employees are treated fairly and provided with necessary benefits and support during their journey towards parenthood.

Can Central Govt Female Employees Opt for Surrogate Pregnancy Claim Maternity Leave?

Also check: Delhi High Court order on maternity leave in case of surrogacy – Dopt Orders

Surrogacy: General Considerations

When considering surrogacy, it is necessary for the biological parents to adopt the child unless they can provide DNA evidence proving their genetic connection to the child. Surrogacy should only be considered for individuals who cannot carry a baby to term due to physical or medical reasons. The surrogate mother should be compensated for all legitimate expenses associated with the pregnancy, and all financial arrangements must be documented. ART clinics should not advertise surrogacy services, and it is the responsibility of the couple or a semen bank to find a surrogate mother. Surrogate mothers should be no older than 45 years of age, and ART clinics must ensure that they meet all necessary criteria for a successful pregnancy. Relatives, acquaintances, or strangers may act as surrogate mothers. Prior to embryo transfer, prospective surrogate mothers must test negative for HIV and provide a certificate confirming that they have not undergone intravenous drug administration or blood transfusions.

(This is to ensure that the person would not come up with symptoms of HIV infection during the period of surrogacy.) The prospective surrogate mother must also declare that she will not use drugs intravenously, and not undergo blood transfusion except of blood obtained through a certified blood bank.

No woman may act as a surrogate more than thrice in her lifetime.

Also check: Women Government employees commissioning Surrogacy to get maternity leave

Maternity Leave and Child Care Leave in Railways

Railway Board issued an order regarding grant of Maternity Leave and Child Care Leave in case of Surrogacy on 11th July 2022

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(P&A)I-2022/CPC/LE-2

RBE No. 80/2022
New Delhi dated 11.07.2022

The General Managers/PFAs,
All Indian Railways and
Production Units.

Sub: Writ Petition No. 844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s Uol & others – reg.

A copy of DoP&T’s OM dated 29.01.2018 circulating orders dated 17.07.2015 of Hon’ble Delhi High Court in WP No. 844/2014 filed by Ms. Rama Pandey Vs Uol & others regarding grant of Maternity Leave and Child Care Leave to a female government servant who had a child through surrogacy, is enclosed herewith for information and necessary action.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Please acknowledge receipt.
DA: As above

sd/-
(N P Singh)
Joint Director/E(P&A),
Railway Board

Rule 43 Makes Provision for Maternity Leave

No.13018/6/2013 -Estt.(L)
Government of India
Ministry of Personnel, Public Grievances, and Pensions
Department of Personnel & Training

JNU Old Campus, New Delhi
Dated 29 January 2018

Office Memorandum

Subject: Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others – reg.

The undersigned is directed to enclose herewith Hon’ble High Court of Delhi’s Order dated 17th July 2015 in the Writ Petition No.844/2014 in the High Court of Delhi filed by Ms. Rama Pandey, Teacher, Kendriya Vidyalaya V/s UoI & Others.

2. All Ministries/Departments are advised to give wide publicity of its contents to the concerned officers.

3. This issues with the approval of Secretary (P).

sd/-
(Sandeep Saxena)
Under Secretary to the Govt. of India

Click to view the order in PDF

Maternity Leave for Female Government Servant

(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of (180 days) from the date of its commencement.

(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. NOTE:- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.

(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19: ‘Provided that the maternity leave granted and availed of before the commencement of the CCS(Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule’.

(4) (a) Maternity leave may be combined with leave of any other kind. (b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5) Maternity leave shall not be debited against the leave account…”

Read more in DoPT Order

7th CPC Leave Rules

Yes, it is possible for a Central Government employee to opt for a surrogate child. However, this is subject to the approval of the Central Government.

A surrogate child can offer advantages such as providing a family with a genetically-related child, allowing for a woman who is unable to have a child to experience motherhood, and providing an infertile couple with a child that is genetically theirs.

Yes, there are some considerations that must be taken into account. The Central Government may have restrictions on the types of surrogacy arrangements allowed and may require special documentation or insurance coverage. Additionally, Central Government employees may have to take into account the fact that the surrogate child may be eligible for certain benefits which their own child would not be eligible for.