A Gauteng High Court (Pretoria) has declared section 40 of the Children’s Act unconstitutional, ruling that a lesbian, whose artificially fertilised egg cells were transplanted into her partner, should also be considered their twins’ legal parent.
If it had not ruled in her favour, the 44-year-old Germiston woman would have had to adopt her biological children because she and her partner were not married, their lawyer, Adele van der Walt, reportedly told Rapport.
City Press reports that the woman and her 30-year-old partner, who also has a son, have been in a permanent relationship since 2019. Their legal team said in court documents that “it is very difficult to see the purpose of the legal stipulation and how it contributes to an open and democratic society based on human dignity, equality and freedom”.
The lawyers argued that the distinction between married and unmarried people amounted to unfair discrimination against the woman on the basis of her sexual orientation and her marital status: “By excluding lesbians from being automatically considered parents of their own children, harmful stereotypes of gays and lesbians continue,” they said.
City Press article – ‘Lesbian mother must be recognised as parent’
See more from MedicalBrief archives:
Pretoria sperm donor's quest to access son — SA first
French IVF law change may result in shortage of frozen sperm
Psychological outcomes in children of same-sex vs different-sex parents
Same-sex marriage laws tied to fewer teen suicide attempts