Maternity leave: New regulations permit female employees of the government to take up to 180 days of leave in order to care for children delivered via surrogacy. Fathers who commission have the right to 15 days of paid paternity leave. The 50-year-old rule was recently amended by the Center to allow women working for the government to take up to 180 days of maternity leave for children delivered through surrogacy.

The intended mother of a child delivered through surrogacy, known as the "commissioning mother," is eligible for child care leave, as per an amendment made to the Central Civil Services (Leave) Rules, 1972. The "commissioning father" is also granted a 15-day paternity leave by the government.

The Ministry of Personnel, Public Grievances and Pension stated in a June 18 notification that in the event of surrogacy, the surrogate and the commissioning mother who have less than two surviving children may be eligible for 180 days of paid maternity leave, provided that one or both of them work for the government. When a couple employed surrogacy to produce a child, there was no regulation in place previously to grant female government employees maternity leave.

The regulatory change will result in a major alleviation for the commissioning mother and surrogate with fewer than two living children. A letter from the Ministry of Personnel, Public Grievances and Pension dated June 18 states that in the event of surrogacy, the commissioning mother and the surrogate than two surviving children may be granted maternity leave of 180 days, provided that one or both of them are government personnel.

In order to care for their two oldest surviving children, "a female government servant and single male government servant" are currently allowed to take up to 730 days of childcare leave during their employment. The purpose of these leaves would be child rearing or meeting whatever needs the children may have, including medical or educational. As the Personnel Ministry clarified in the updated regulations, the phrase "surrogate mother" refers to the woman who bears the child on behalf of the commissioning mother, while the word "commissioning father" refers to the intended father of the child delivered via surrogacy.