The Constitutional Court has ruled that part of the law regarding the status of children is discriminatory and unconstitutional. The judgment deals with the status of children conceived by artificial insemination to same sex permanent life partners.

Justice Goldstone said in the judgement that a section of the Children's Status Acts permits heterosexual married couples to both become the legal parents of children born through artificial insemination. However, it does not extend that same right to same sex permanent partners. He says such discrimination is based solely on the sexual orientation of the couple and cannot be justified.

The Court was asked to confirm a Durban High Court order that gives same-sex couples full parental rights and responsibilities. This will apply to the biological children of either of the partners. The application for confirmation was brought by a Durban lesbian couple and is unopposed by government.

Lesbian couple's children 'legitimate'
The Constitutional Court ruled today that twins born to a lesbian couple by means of artificial insemination were legitimate, a term traditionally used for children born in wedlock.

The court ruled that Section 5 of the Children's Status Act was unconstitutional in that it did not recognise permanent same-sex partners as legitimate parents.

The state did not oppose the application of the couple identified only as J and B. The twins were born in August 2001. - Additional info: Sapa