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A writ petition filed by Dr. Pooja Doshi, seeking relief on rejection of maternity leave by her employer on the ground that Leave Rules and policy governing the rules do not permit leave for a child born out of surrogacy. She had a son, where she felt that he needs a sibling. As she was unable to bear the second child, she opted for surrogacy and gave birth to a baby girl on November. She sought maternity leave to take care of the surrogate child in accordance with the expected date of delivery, it was denied. The Division bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar observed that the issue is no longer a res-integra. And relying upon 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 paternity leave. The Bombay High Court has held that the Petitioner would be entitled to maternity leave for child born through surrogacy.
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