A landmark ruling in South Africa has paved the way for same-sex couples to access paid-parental leave,
The country’s National Assembly voted last week to approve legislation that means same-sex parents are entitled to leave from work—whether they have adopted or enlisted a surrogate.
“Paternity leave is 10 days and then there is adoption leave which is 10 weeks, and if there are two adults involved, one can apply for the adoption leave, the other for the parental leave,” MP Cheryllyn Dudley, who introduced the bill,
“It also applies to the agreements in terms of surrogacy and also just provides for where there is a stillbirth or miscarriage in the third trimester,” she added.
Non-profit human rights organisation Sonke Gender Justice the vote as a “landmark achievement” for LGBT+ rights.
“It is a milestone that the law is now written in gender-neutral language. In other words, it does not specify ‘paternity’ leave, yet allows for it,” the group wrote in .
“This opens up parental leave to people of all sexual orientations or gender identities.
“Until now South African law has provided for same-sex marriage, but not same-sex parenting.”
Sonke Gender Justice’s Child Rights and Positive Parenting Unit Manager, Wessel van den Berg said the group was “very happy about this achievement”.
“10 days is not much paternity leave, but we regard it as an important starting point in what will be an ongoing conversation about how we advance gender equal parenting.”
The private member’s bill must now pass the National Council of Provinces and be signed by President Jacob Zuma before it becomes law.
