Jaipur, September 5, 2026: In a major change of service rules, surrogate and commissioning mothers working as state government employees in Rajasthan have been made entitled to maternity leave up to 180 days and 90 days, respectively.
According to a notification issued by the state government, female government employees between the ages of 25 and 35 years and having a child of their own will now be entitled to avail the prescribed maternity leave of up to 180 days upon becoming a surrogate mother.
Leave Rules For Surrogacy
This benefit will only apply to approved surrogacy procedures prescribed under the Surrogacy (Regulation) Act 2021. The employee will be required to submit a certificate issued by an authorised medical board or a competent health officer.
Commissioning mothers between the ages of 23 and 50 with no surviving biological, adopted, or surrogate child will also be granted 90 days of maternity leave for childcare.
This entitlement will be limited to the birth of a maximum of two children or surrogacy cases during a female employee's entire service period.
Clearer Process For Employees
According to the Personnel Department, due to the lack of clear provisions regarding surrogacy in the service rules, female employees were facing administrative difficulties in obtaining leave approvals. Now, with the new provision, the leave process for surrogacy cases will become clearer and more systematic.
The state government has directed all department heads and concerned officials to process surrogacy applications as per the rules and approve leave.
Rajasthan HC Ruling
Notably, the Rajasthan High Court in a landmark order in 2023 had held that a surrogate mother has every right to avail maternity leave, citing that “there can be no distinction be made by the state government between a biological mother and a mother who has begotten a child through the surrogacy method”.
The order was made on a petition by a school lecturer, Chanda Keswani, who was denied maternity leave on the ground that her children were born by surrogacy.
Setting aside an order by the education department denying maternity leave to Keswani, the HC said, “Making a difference between a natural biological mother and a surrogate/commissioning mother would amount to an insult to motherhood. A mother cannot be discriminated, as far as maternity leave is concerned, only because she begot the child through the process of surrogacy.”
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State authorities had rejected her application, stating that there was no provision under the Rajasthan Service Rules, 1951, for the grant of maternity leave to a surrogate mother.
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