J and B v Director General, Department of Home Affairs

(Redirected from J v Director General, Department of Home Affairs) South African legal case

J v Director General, Department of Home Affairs

Court	Constitutional Court of South Africa
Full case name	J and B v Director-General, Department of Home Affairs and Others
Decided	28 March 2003
Citations	[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 by	Justice 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.

References

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

External links

Text of the judgment

Lesbian, gay, bisexual and transgender topics in South Africa

Law

LGBT rights Same-sex marriage Civil partnership Intersex rights
Legislation	Section 9 of the Constitution Equality Act Alteration of Sex Act Civil Union Act Amendment Sexual Offences Amendment Act
Case law	NCGLE v Minister of Justice NCGLE v Minister of Home Affairs Satchwell v President Du Toit v Minister of Welfare J v Director General, Home Affairs Minister of Home Affairs v Fourie Gory v Kolver Strydom v NG Gemeente Moreleta Park Geldenhuys v NDPP
Repealed	Section 20A