Observing that adoption is part of the right to reproductive autonomy, the Supreme Court on Tuesday struck down a law which said a woman would be eligible for maternity leave if she legally adopts a child below the age of three months.

A bench of Justices J B Pardiwala and R Mahadevan held that an adoptive mother should be entitled to maternity leave of 12 weeks, irrespective of the age of the adopted child.

"The distinction drawn by subsection 4 of section 60 does not have a rational nexus with the object of the 2020 Code. The object of maternity benefit is not associated with the process of childbirth but with the process of motherhood. The purpose of maternity protection does not vary with the manner in which the child is brought into the life of the beneficiary mother. Insofar as the roles, responsibilities, and caregiving obligations are concerned, women who adopt a child aged 3 months or above are similarly situated to women who adopt a child below the age of 3 months," the bench said.

The court also held that the needs of an adoptive child is no different from a child born to the mother.

"Although biology has traditionally been the predominent lens through kinship, adoption is an equally valid pathway. It is not biology that constitutes, it is the shared meaning. Biological factors by themselves do not determine family. Adopted child is not different from natural child," added the bench.

The apex court also asked the Centre to come out with a provision recognising paternity leave as a social security benefit.

The top court's judgement came on a plea filed by advocate Hamsaanandini Nanduri challenging Section 60(4) of the Social Security Code that allows 12 weeks of maternity leave only if an adoptive mother adopts a child below three months of age.

"With regard to the time required to declare a child legally free for adoption, by the time such declaration is made, the child is unlikely to be of less than 3 months old. Thus, the age limit renders the provision illusory and devoid of practical application," the judgment said.

"A woman who legally adopts a child or a commissioning mother shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother."