J and Another v Director-General, Department of Home Affairs and Others 2003 (5) BCLR 463 (CC)

Findings: This case concerns the constitutionality of certain provisions of the Children’s Status Act of 1987 (the Status Act), which, among other things, defines the status of children conceived by artificial insemination. Unanimous judgment by Goldstone J held that 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. As such discrimination was based solely on the sexual orientation of the couple, it cannot be justified. Therefore, Court confirmed that the section is inconsistent and ordered that it should be read to provide the same status to children born from artificial insemination to same sex permanent life partners.