Lesbian who faced having to adopt her own children wins right to be named mother.

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03/07/2022

A lesbian in South Africa will no longer have to adopt her own children to be recognised as their mother after a landmark court ruling. The Gauteng High Court in Pretoria ruled against a piece of legislation which meant that, when children are conceived through insemination, only the person who carried them and their “husband” can be legally named parents. The couple who appealed the law conceived two children through IVF. One wife carried the babies using the other’s eggs – both have kept their identities private to protect their children. Despite having a genetic link to her children, Section 40 of the Children’s Act meant the partner whose eggs were used had no legal right to be recognised as parent and faced having to adopt her kids. The couple’s application to the court argued that the law is discriminatory against same-sex couples and inconsistent with the constitution. Four weeks after their twins were born, a judge agreed.

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