A couple have taken their two year challenge for equity in parental leave to the Constitutional Court. The landmark case has implications for same-sex, adoptive and surrogate parents too.

When Werner and Ika van Wyk discovered they were expecting a child three years ago, they decided that Werner should be the primary caregiver. It's a decision that has led the couple to the Constitutional Court, which on Friday will hear arguments in a case about inequalities in parental leave sparked by the couple's parenting plan.

"We're very excited. We were hoping that this would get attention at the highest level," Ika van Wyk told Daily Maverick.

In 2022 the couple brought a challenge to sections of the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Fund Act (UIF Act), which currently differentiate between the kind of parental leave offered to mothers and fathers and to parents whose children are adopted or conceived through surrogacy.

After the birth of their son, James, the couple had wanted Werner to take parental leave of four months to be their son's his primary caregiver. Ika, who runs a jewellery business from their home in Polokwane, planned to continue working during that time. Werner was denied paid leave and took four months off, unpaid, to care for their baby.

"For me, it just made sense. When we looked at it, if I could...