An unmarried lesbian couple in South Africa has won a court case to both be named legal parents of their twins.
The engaged couple from Johannesburg used frozen eggs of one partner and donor sperm to create embryos, which were carried by the other partner. They argued that section 40 of South Africa's Children's Act discriminates against same-sex couples, by not recognising the non-gestational partner as a parent, even when they are the genetic mother. In cases like this, the partner of the woman who gives birth would have to adopt the child to become a legal parent.
The High Court of South Africa ruled that the legislation does not discriminate against same-sex couples, who are able to marry and have legal 'provision for what would normally have been viewed as spouses in every sense'. However, the judge agreed that the current wording is unconstitutional and must be revised to not violate the dignity and equality of unmarried couples in lifelong partnerships.
'The Children's Act remains conservatively lagging in terms of artificial fertilisation and the subsequent recognition of partners as parents' said Judge Van Veenendaal. 'The definition of "parent" must also be reconsidered in view of the changes in the society'.
The judge ordered that in section 40 of the Children's Act, the word 'spouse' and 'husband' must be followed by 'or permanent life partner'. In this way, the regulations can now distinguish between the partners choosing to become parents together and sperm or egg donors who do not have parental rights.
The couple, who cannot be named to protect the privacy of their children, told Times LIVE they were 'very relieved to say the least,' to both be legal parents of their sons, as 'it's apparently a very difficult process to adopt your own child'.
Lawyer Adele van der Walt, who represented the couple, said the judgment would also have an effect on birth registrations:
'Currently, the birth certificate requires a "mother" and "father" to be named… this will change to "parent 1" and "parent 2" and provision made for a sperm donor where female same-sex couples have children through fertility treatment'.
Sources and References
-
Unnamed vs Minister for Social Development
-
Joburg woman delighted she 'won't have to adopt my own child' after key court ruling
-
Lesbian who faced having to adopt her own children wins right to be named mother
-
Lesbian parents of children conceived through artificial insemination achieve equality in South Africa
-
South African court rules lesbians can be named mothers
Leave a Reply
You must be logged in to post a comment.