CCT46/02

[2003] ZACC 3

2003 (5) BCLR 463 (CC)

2003 (5) SA 621 (CC)

Goldstone J

27 February 2003

28 March 2003

http://hdl.handle.net/20.500.12144/2168

Application to Constitutional Court for confirmation of an order of statutory invalidity made in the Durban High Court (J and Another v Director General, Department of Home Affairs and Others 2003 (5) BCLR 605 (D)) relating to section 5 of the Children's Status Act 82 of 1987.

Unanimous judgment by Goldstone J. Section 5 of the Children's Status Act was found to be unconstitutional as it violated the right to equality. It allowed for married couples to become joint parents of a child born to them as a result of artificial insemination, but it did not allow same-sex partners to become joint parents to a similarly born child.