In Ribeirão Preto, families like that of Geisa Berci and Leandro Moraes are celebrating the equalization of maternity leave rights for adoptive mothers. The couple, who have been together for three years, recently chose to expand their family through adoption.
For Geisa, this change is extremely positive because it ensures that the initial period of bonding between biological and adoptive mothers is identical, regardless of the child's age. She emphasizes the importance of this dedicated time for building emotional bonds, whether with a newborn or a 17-year-old teenager.
The couple is part of the National Adoption System and follows the entire process through preparatory meetings and continuous support. Geisa shares that she always wanted to be a mother but never imagined going through pregnancy, making adoption the clearest path to forming her family.
Equal Rights
The decision establishing equality of rights between adoptive and biological mothers regarding maternity leave was unanimously approved by the Supreme Federal Court (STF) at the end of September.
With this change, all mothers are entitled to 120 days of paid leave, with the possibility of extending this period by another 60 days, following current regulations. In the case of birth, the period is counted from the ninth month of gestation; in the case of adoption, it begins after obtaining custody or hospital discharge, whichever occurs last.
Paula Diniz, a lawyer, explained that the ruling extended the leave period for adoptive mothers, which previously varied according to the child's age. Previously, the right was 90 days for children under one year old or only 30 days for children over one year old, but now it is uniform for all mothers.
This rule covers both workers under the Consolidation of Labor Laws (CLT) in the private sector and public servants governed by the statutory regime. The benefit request must be made according to the professional bond: workers of the National Institute of Social Security (INSS) can apply through the INSS application or website, while public servants and military personnel must contact their respective pension institutes.
Security and Emotional Bond
Mariana Argenato, a psychoanalyst, has experienced maternity leave in cases of biological motherhood and adoption. She had a biological daughter eight years ago and used the 120 days of leave. Five years later, upon adopting Maria Vitória, who was only 40 days old, she faced doubts about the right to maternity leave in adoption, securing the benefit after seeking legal advice.
Mariana reported that, in some processes involving the adoption of older children, obtaining this right could be more complicated. For her, the leave transcends the financial aspect, being fundamental to providing tranquility and security to the mother during the initial months with the child.