Parliament now has three years to update parental leave laws.
South Africa (06 October 2025) – When Polokwane couple Ika and Werner van Wyk welcomed their little boy James in 2022, they thought they had a plan. Werner would take four months off to be the primary caregiver so Ika could keep her jewellery business running.
Except when Werner applied for leave, he was told the law only gave him 10 days. Moms got months, dads got barely a week and a half.
That didn’t sit well with them, so they fought it.
Three years later, the case has made it all the way to the Constitutional Court, and they won.
In a landmark ruling, the court declared South Africa’s parental leave laws unconstitutional because they discriminated against dads, adoptive parents, and parents through surrogacy. The system reinforced outdated ideas that only mothers could be primary caregivers.
Under the new order, things look different. Birth mothers will still need six weeks off to recover after childbirth (unless a doctor clears them earlier). But beyond that, parents can decide how to share the full four months and 10 days of leave in whatever way works best for them. If only one parent is employed, they’re entitled to take the full period themselves.
The judgment also scrapped the old age cap that limited adoption leave to children under two. That restriction was found to be unfair, since older adopted children may need just as much, if not more, time to bond and settle into a new family. Surrogacy parents are recognised equally too.
The order went further, making space for families who experience loss. Any parent who suffers a third-trimester miscarriage or stillbirth is entitled to six weeks’ parental leave.
Parliament now has 36 months to update the law properly, including ironing out how UIF benefits will apply to all parents. Until then, the ConCourt’s interim order is in effect.
It’s a major step forward for families in South Africa. It means moms won’t have to carry the load alone. It means dads finally get the chance to be there from the start. And it means adoptive and surrogacy parents are no longer treated as ‘less than.’
Find the full ruling here.
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