The Kerala High Court has held that women employees who raise surrogate babies are eligible for maternity leave.

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On Tuesday, Justice Dama Seshadri Naidu, in his ruling, stated that there should not be any discrimination towards surrogate mothers while extending maternity benefits. The petition in the case was filed by deputy general manager at Kerala Livestock Development Board P Geetha, who had challenged denial of maternity leave as she was not the biological mother of the child.

The high court observed that the employee is entitled for maternity leave, except for extending it in the name of recovering health.