J and Another v Director General, Department of Home Affairs and Others (CCT46/02)
J and Another v Director General, Department of Home Affairs and Others (CCT46/02) [2003] ZACC 3; 2003 (5) BCLR 463 ; 2003 (5) SA 621 (CC) (28 March 2003)
Section 5 of the Children’s Status Act 82 of 1987 is unconstitutional to the extent that it excludes permanent same-sex life partners from legal recognition as parents of children conceived by artificial insemination. This exclusion constitutes unfair discrimination on the grounds of sexual orientation and marital status, contrary to section 9(3) of the Constitution. The appropriate remedy is to strike out the word 'married' wherever it appears in section 5 and to read in the words 'or permanent same-sex life partner' after 'husband' wherever it appears. The Court declined to extend the remed…
Source excerpt
- Sexual Orientation Discrimination
- Status Of Children
- Reading In And Striking Out
- Bill Of Rights Limitation
- Parental Rights
- Artificial Insemination