Tag: South Africa

Gay Couple Hail ‘Big Win’ in Battle Over Children’s Namibian Citizenship

Nyasha Francis Nyaungwa | Reuters | October 13, 2021

A Namibian court ruled that the son of a gay couple, born via surrogacy in South Africa, is a Namibian citizen by descent. After a two year battle, High Court Judge Masuku ruled that a paternity test is not necessary to prove that Yona Luhl-Delgado is the son of Namibian Philip Luhl and his Mexican husband, Guillermo Delgado. Namibia’s legal system does not recognize same-sex marriages and criminalizes sexual conduct between men, but the law is seldom enforced, and this ruling comes as a “big win” for same-sex couples.

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‘Not Possible’: Legal Expert Explains Rules Around ‘Multiple’ Surrogates in South Africa

Athenkosi Mndende | News24 | September 20, 2021

A Russian couple had 20 infants through multiple surrogate mothers, even though neither the mother nor father had records of infertility, because they wanted to and could afford to. In this article, Adele Van der Walt, a legal expert, discusses reasons why such a case would not be possible in South Africa. South African legislation requires that there must be a permanent and irreversible medical reason why the intended mother cannot carry the birth, and that the surrogacy is altruistic. Additionally, an application to the High Court to proceed with the surrogacy arrangement  could not, in this case, show that the arrangements were in the children’s best interest.

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Same-sex Couple Fight for Children Born via SA Surrogacy to be Granted Citizenship in Namibia

Kirthana Pillay and Sisipho Skweyiya | Sowetan LIVE | April 16, 2021

Namibian Philip Luhl and his husband Guillermo Delgado have welcomed three surrogacy-born children delivered in South Africa, but are struggling to obtain Namibian citizenship and travel documents for the children. The Namibian government requires proof of a genetic link to acknowledge parentage and to issue travel documents; it also does not recognize same-sex marriage. Luhl argues that these laws permit discrimination and violate human rights.

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Single Fathers Can Now Legally Register a Child Born Through Surrogacy in SA

Viwe Ndongeni-Ntlebi | Independent Online | March 30, 2021

While South Africa recognizes single women who have children through surrogacy as parents,  registering a surrogacy-born child was not available to single fathers until now. The Makhanda High Court recently instructed that Wesley Hayes, whose daughter Justin was born through surrogacy a year ago, be registered as the official parent. On the birth certificate, he will be listed as the father and, under mother, it will read “not applicable.” Hayes said his case will make it easier for single dads who follow. His story is also highlighted in Gays With Kids.

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