J and B v Director General, Department of Home Affairs

J v Director General, Department of Home Affairs
CourtConstitutional Court of South Africa
Full case name J and B v Director-General, Department of Home Affairs and Others
Decided28 March 2003
Citations[2003] ZACC 3, 2003 (5) BCLR 463, 2003 (5) SA 621 (CC)
Case history
Appealed fromDurban and Coast Local Division
Court membership
Judges sittingChaskalson 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]

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.


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