J and B v Director General, Department of Home Affairs

Last updated
J v Director General, Department of Home Affairs
Constitutional court of South Africa.jpeg
Court Constitutional Court of South Africa
Full case nameJ and B v Director-General, Department of Home Affairs and Others
Decided28 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 byJustice Goldstone

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]

Related Research Articles

This is a list of notable events in the history of LGBT rights that took place in the year 1999.

LGBT adoption

The adoption of children by lesbian, gay, bisexual, transgender (LGBT+) people may be in the form of a joint adoption by a same-sex couple, adoption by one partner of the other's biological child, or adoption by a single LGBT+ person. Joint adoption by same-sex couples is legal in twenty-seven countries as well as several subnational jurisdictions and dependent territories. Furthermore, some form of step-child adoption is legal for same-sex couples in five additional countries.

Same-sex marriage in the Republic of Ireland has been legal since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Marriages of same-sex couples in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day.

Same-sex marriage in South Africa has been legal since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.

LGBT rights in Croatia Rights of lesbian, gay, bisexual and transgender people in Croatia

Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded in recent years, but LGBT persons may still face some legal challenges not experienced by non-LGBT residents. The status of same-sex relationships was first formally recognized in 2003 under a law dealing with unregistered cohabitations. As a result of a 2013 referendum, Croatia's Constitution defines marriage solely as a union between a woman and man, effectively prohibiting same-sex marriage. Since the introduction of the Life Partnership Act in 2014, same-sex couples have effectively enjoyed rights equal to heterosexual married couples in all aspects. Same-sex couples in Croatia can apply for adoption and foster care. Croatia bans all discrimination on the grounds of sexual orientation, gender identity, and gender expression.

LGBT rights in the Republic of Ireland

Attitudes in Ireland towards lesbian, gay, bisexual, and transgender (LGBT) people are regarded as among the most liberal in the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT issues to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female same-sex sexual activity have been legal in the state since 1993. Government recognition of LGBT rights in Ireland has expanded greatly over the past two decades. Homosexuality was decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation.

LGBT rights in South Africa Rights of LGBT people in South Africa

Lesbian, gay, bisexual and transgender (LGBT) people in South Africa enjoy the same rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African mores, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.

Homosexuality Romantic or sexual attraction or behavior between members of the same sex or gender

Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to people of the same sex. It "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions."

LGBT parenting LGBT people parenting one or more children

LGBT parenting refers to lesbian, gay, bisexual, and transgender (LGBT) people raising one or more children as parents or foster care parents. This includes: children raised by same-sex couples, children raised by single LGBT parents, and children raised by an opposite-sex couple where at least one partner is LGBT.

Family structure in the United States Family support system involving two married individuals supporting their offspring

The traditional family structure in the United States is considered a family support system involving two married individuals — one man and one woman — providing care and stability for their biological offspring. However, this two-parent, heterosexual, nuclear family has become less prevalent, and nontraditional family forms have become more common. The family is created at birth and establishes ties across generations. Those generations, the extended family of aunts and uncles, grandparents, and cousins, can hold significant emotional and economic roles for the nuclear family.

In re: Gill is a landmark Florida court case that in 2010 ended Florida's 33-year ban on adoptions by homosexuals. In 2007, Frank Martin Gill, an openly gay man, had petitioned the circuit court to adopt two boys that he and his partner had been raising as foster children since 2004. Gill was prohibited from adopting by a 1977 Florida law prohibiting adoption by gay men and lesbians in that state. After a four-day trial challenging the law, on November 25, 2008, Judge Cindy S. Lederman declared the ban violated the equal protection rights of the children and their prospective parents under the Florida Constitution, and granted Gill's adoption request.

Same-sex marriage and the family

Concerns regarding same-sex marriage and the family are at the forefront of the controversies over legalization of same-sex marriage. In the United States, an estimated 1 million to 9 million children have at least one lesbian, gay, bi, trans, intersex, or queer parent. Concern for these children and others to come are the basis for both opposition to and support for marriage for LGBT couples.

Same-sex adoption in Brazil

Same-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history.

LGBT rights in Rhode Island

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Rhode Island enjoy the same legal rights as non-LGBT people. Rhode Island established two types of major relationship recognition for same-sex couples, starting with civil unions on July 1, 2011, and then on August 1, 2013 with same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is outlawed in the state in the areas of employment, housing and public accommodations. In addition, conversion therapy on minors has been banned since 2017.

<i>Du Toit v Minister for Welfare and Population Development</i> South African legal case

Du Toit and Another v Minister for Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children. LGBT people had already been able to adopt children individually, but only married couples could adopt jointly; the decision was handed down in September 2002, four years before same-sex marriage became legal in South Africa. The court ruled unanimously that the statutory provisions limiting joint adoption to married couples were unconstitutional, and the resulting order amended the law to treat same-sex partners in the same way as married couples.

This is a timeline of notable events in the history of lesbian, gay, bisexual and transgender people in South Africa.

Law in Australia with regard to children is often based on what is considered to be in the best interest of the child. The traditional and often used assumption is that children need both a mother and a father, which plays an important role in divorce and custodial proceedings, and has carried over into adoption and fertility procedures. As of April 2018 all Australian states and territories allow adoption by same-sex couples.

Until 2017, laws related to LGBT+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. Despite these rulings, LGBT+ people and same-sex couples still face discrimination when attempting to foster children.

LGBT parents in Canada have undergone significant progress in terms of both legal and social acceptance. Same-sex couples who wish for parenthood now enjoy equally the possibilities, responsibilities and rights of opposite-sex couples. Following the nationwide legalization of same-sex marriage in 2005, the number of LGBT families in Canada has increased substantially, paving the way for same-sex couples' aspirations of having their own children. Legal methods of assisted reproduction range from insemination via IVF through to surrogacy arrangements.

The second-parent adoption or co-parent adoption is a process by which a marriage partner can adopt their partner's biological or adoptive child without terminating the first legal parent's rights. This process is of interest to many couples, as legal parenthood allows the parent's partner to do things such as: make medical decisions, claim dependency, or gain custody in the event of the death of the biological parent.

References

  1. de Bruin, Phillip (11 February 2003). "Lesbians: Biological parents". News24. Retrieved 20 July 2011.
  2. "Lesbians' twins 'legitimate'". News24. 28 March 2003. Retrieved 20 July 2011.