Brazil confirms equal maternity leave rights for adoptive mothers

At a glance

• On September 23, 2026, Brazil’s Supreme Court confirmed that biological and adoptive mothers must receive the same maternity leave rights.
• While Brazil’s Labor Code already provided for equal treatment, certain regulations continued to distinguish between biological and adoptive mothers, particularly in the federal public sector.
• The decision reinforces that all mothers are entitled to the same maternity leave benefits, regardless of whether parenthood results from childbirth or adoption.
• Eligible employees may take 120 days of paid maternity leave, with the possibility of a further 60-day extension depending on company policies or participation in the Citizen Company Program.
• For employers operating in Brazil, the leave period may be calculated from the ninth month of pregnancy, childbirth, adoption, custody granted for adoption purposes, or the hospital discharge of the mother or newborn, whichever occurs last.

On September 23, 2026, Brazil’s Supreme Court ruled that biological and adoptive mothers are entitled to identical maternity leave rights. The decision confirms the principle of equal treatment already established under the Labor Code and removes any remaining distinctions maintained by certain regulations, particularly within the federal public sector.

As a result, biological and adoptive mothers are entitled to the same maternity leave benefits, including 120 days of paid leave. An additional 60-day extension may be available depending on an employer’s internal policies or participation in the Citizen Company Program.

Employers operating in Brazil should review their leave practices to ensure compliance with the decision. The maternity leave period may be counted from the ninth month of pregnancy, the date of childbirth, the completion of an adoption, the granting of custody for adoption purposes, or the hospital discharge of the mother or newborn, whichever occurs last.