Adoptive parents may get leave to bond with child

ADOPTIVE parents or those whose child is born to a surrogate mother could get up to 10 weeks of parental leave if parliament adopts a law proposed by the African Christian Democratic Party.

The proposal by the ACDP — known for its conservative stance on issues of morality — includes gay adoptive parents.

Proposed changes to the Basic Conditions of Employment Act would pave the way for the special parental leave.

The bill has been welcomed by adoption agencies, which said it was high time that adoptive parents were catered for in labour law.

The main objective is to provide for parental, adoption and commissioning (surrogacy) parental leave for all employees. On “parental leave”, the bill states that an employee who is a parent “is entitled to at least 10 consecutive days parental leave” from the day the child is born or the day the adoption order is granted.

In the section on “adoption leave”, the bill calls for at least 10 weeks’ leave, whether the child is newborn or a teenager.

The bill has been considered by the state law adviser’s office and will now go through the parliamentary process.

According to the state law adviser, the rationale for giving 10 weeks, as opposed to the four months that new mothers get, is that adoptive parents need not recover from childbirth.

ACDP MP Cheryllyn Dudley, who introduced the bill, said it was important to note that the ACDP “does not support, nor did it support, amendments to the Children’s Act” that allow same-sex couples to adopt children. “It is the view of the ACDP that for the bill to accomplish its goals it must be applicable in the current legal situation. However, should the Children’s Act be amended in the future to exclude same-sex couples, this legislation would still be applicable.”

Dudley said the bill “took a lot of selling” to her party, based on its position on samesex adoption.

“Homosexual adoption is not

Children will have the support of their caregiver during the critical time

ideal, but we [are] doing this at a time when it is legal. I didn’t make it an LGBTI [lesbian, gay, bisexual, transgender and intersex] issue. Parental [leave] applies to everybody.”

She said businesses were “cautious” about it.

For Debbie Wybrow, founder of the Wandisa Adoption Agency, the bill would make a huge difference to adoptive parents, who would have the legal right to leave — “instead of relying on the discretion and goodwill of their employers”.

“Of even greater significance is that adopted children will have the physical presence and support of their primary caregiver during the critical time of their transition into family care,” said Wybrow.