Du Toit and Another v Minister for Welfare and Population Development and Others 2002 (10) BCLR 1006 (CC)

Main Issue: Same sex partners and their right to adopt children

Findings: Right of same sex life partners to jointly adopt children. In a unanimous decision written by Skweyiya AJ the Court found that the infringed provisions of the Child Care Act and Guardianship Act discriminate on the grounds of sexual orientation and marital status. In addition, the dignity right of one of the applicants was found to be infringed because of the denial of her as a parent. Lastly, the legislation was found to infringe the principle of the paramount of a child’s best interests.

© 2019 Dullah Omar Institute | CMS Website by Juizi
Privacy Policy | Terms & Conditions