In which one of the following circumstances, can Ms. 'X', who is a government servant not claim maternity benefit of twenty-six weeks as prescribed under the Maternity Benefit Act, 1961?

Correct option is A

The correct answer is: (a) She has one surviving child and is a commissioning mother

Explanation:

Under Section 5(4) of the Maternity Benefit Act, a commissioning mother (the biological mother who uses her eggs to create an embryo implanted in another woman) is entitled to maternity benefit for a fixed period of 12 weeks from the date the child is handed over to her.

Unlike a biological mother who carries the child herself—who is entitled to 26 weeks of leave for her first two children—a commissioning mother’s entitlement is strictly capped at 12 weeks, regardless of whether she has zero, one, or more surviving children. Therefore, in Option A, Ms. 'X' cannot claim 26 weeks; she is only entitled to 12 weeks.

Information Booster:

The 2017 Amendment introduced specific durations for different scenarios to balance welfare with social objectives:

• Standard Maternity Leave: Increased from 12 weeks to 26 weeks for women with fewer than two surviving children.
• Third Child onwards: If a woman has two or more surviving children, the leave is restricted to 12 weeks.
• Commissioning & Adoptive Mothers: Both are entitled to 12 weeks of leave. For adoptive mothers, the child must be below 3 months of age at the time of adoption.