Beyond Biological Motherhood: A Critical Analysis of Hamsaanandini Nanduri v. Union of India (2026) and the Maternity Rights of Adoptive Mothers

Maternity benefits are generally associated with childbirth and the protection of biological mothers. However, the changing nature of families and increasing acceptance of adoption require a broader understanding of motherhood. In Hamsaanandini Nanduri v. Union of India (2026), the Supreme Court addressed the constitutional validity of Section 60(4) of the Code on Social Security, 2020, which granted maternity benefits only to women adopting a child below the age of three months. The Court held that such a restriction was arbitrary and discriminatory because it denied equal treatment to adoptive mothers who assumed the same caregiving responsibilities as other mothers. The judgment recognised that motherhood is not limited to biological processes and that adoption is an important expression of reproductive autonomy. This article critically analyses the decision and examines its implications for equality, dignity, child welfare, and labour rights in India. It argues that the judgment represents a significant step towards recognising diverse forms of parenthood within the constitutional framework and promotes a more inclusive understanding of maternity benefits.