Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 4th June 2020<\/p>\n\n\n\n
Dr. Pooja Jignesh Doshi v. The State of Maharashtra and Another <\/strong><\/em><\/p>\n\n\n\n Facts<\/strong><\/em><\/p>\n\n\n\n Issues <\/strong><\/p>\n\n\n\n Judgement <\/strong><\/p>\n\n\n\n The Hon\u2019ble High Court held by referring the judgement of given in the case of Rama Pande vs. Union of India, held that even in case of birth by surrogacy the parents who have lent the ova and the sperm would be entitled to avail leave. The mother being entitled to maternity leave and the father is also entitled for paternity leave.<\/p>\n\n\n\n Further the court also held that an amendment in the Maternity Benefit Amendment Act, 2017 introduced an explicit provision in the Maternity Benefit Act,1961, it provides that even a commissioning mother (i.e. A biological mother who uses her egg to create an embryo implanted in any other woman) shall be entitled to get paid maternity leave of 12 weeks from the date the child is handed over to the commissioning mother. Further, the High Court of Bombay has also held that a commissioning father is also entitled to paternity leave. Till date, paternity leave is not compulsory provided in India, and is largely discretionary.<\/p>\n","protected":false},"excerpt":{"rendered":" Sejal Makkad | Amity Law School, Amity University Chhattisgarh | 4th June 2020 Dr. Pooja Jignesh Doshi v. The State of Maharashtra and Another Facts The petitioner sought to have a 2nd child in her life and despite of giving a birth she chose the way of surrogacy with the consent of her husband. The surrogate mother […]<\/p>\n","protected":false},"author":167,"featured_media":435,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[85,28],"tags":[],"yoast_head":"\n