J and B v Director General, Department of Home Affairs
J and B v Director-General, Department of Home Affairs and Others is a 2003 decision of the Constitutional Court of South Africa which dealt with the situation of children born via artificial insemination to a lesbian couple in a permanent life-partnership. The court ruled that the partner who was not the biological parent was to be regarded as a natural parent and guardian and that the children were legitimate in law, and ordered the Department of Home Affairs to register both partners as parents on the children's birth certificates.[1][2]
J v Director General, Department of Home Affairs | |
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Court | Constitutional Court of South Africa |
Full case name | J and B v Director-General, Department of Home Affairs and Others |
Decided | 28 March 2003 |
Citation(s) | [2003] ZACC 3, 2003 (5) BCLR 463, 2003 (5) SA 621 (CC) |
Case history | |
Appealed from | Durban and Coast Local Division |
Court membership | |
Judges sitting | Chaskalson CJ, Langa DCJ, Ackermann, Goldstone, Madala, Mokgoro, Moseneke, O'Regan & Yacoob JJ |
Case opinions | |
Decision by | Justice Goldstone |
References
- de Bruin, Phillip (11 February 2003). "Lesbians: Biological parents". News24. Retrieved 20 July 2011.
- "Lesbians' twins 'legitimate'". News24. 28 March 2003. Retrieved 20 July 2011.
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