‘Lesbian mother must be recognised as parent’

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If the court had not ruled in a lesbian mother's favour, the 44-year-old woman from Germiston would have had to adopt her biological children because she and her partner were not married. Photo: Deon Raath
If the court had not ruled in a lesbian mother's favour, the 44-year-old woman from Germiston would have had to adopt her biological children because she and her partner were not married. Photo: Deon Raath

NEWS

A court has ruled that a lesbian woman whose artificially fertilised egg cells were transplanted into her partner should also be considered their twins’ legal parent.

On Thursday, the Pretoria High Court declared section 40 of the Children’s Act unconstitutional. If it had not ruled in her favour, the 44-year-old woman from Germiston, Gauteng, would have had to adopt her biological children because she and her partner were not married, their lawyer, Adele van der Walt, told City Press’ sister publication Rapport. The woman and her 30-year-old partner, who also has a young son, are not married, but have been in a permanent relationship since 2019.

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