Lady was denied maternity leave stating that she was not the biological mother
A petition has been filed before the Kerala High Court raising a legal question whether the mother of a surrogate child can seek maternity leave. (Photo: DC/File)
Kochi: A petition has been filed before the Kerala High Court raising a legal question whether the mother of a surrogate child can seek maternity leave.
Geetha, deputy general manager (F&A), livestock development board, had lost her son in an accident and her uterus was removed. Later, the couple decided to have a baby through surrogacy and a male child was born on June 18, 2014 through a host mother. But the department has now denied her maternity leave stating that she was not the biological mother of the child.
She pointed out that she was undoubtedly the mother of a minor boy and that she was entitled to develop a bondage through surrogate agreement.
Ms Geetha contended that maternity leave was to take care of new-born babies and that there was no justification in denying her leave. She further submitted that the care needed for a baby born in normal circumstances and through surrogacy process was the same.
The department took the stand that as per the staff rules and regulations, a female employee is not allowed to take leave for looking after her baby obtained through surrogacy. it argued that leave can be granted only for the maternity envisaged under normal circumstances. The court will consider the matter on Wednesday.
( Source : dc correspondent )
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