ConCourt: Children's Act discriminates against unmarried parents who conceive through IVF | News24

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The Constitutional Court has confirmed a Gauteng High Court ruling that Section 40 of the Children's Act is unjustifiably discriminatory on the basis of marital status and sexual orientation. | NkoRaphael

A court bid launched by a lesbian couple argued that the act does not give equal parental responsibilities and rights in relation to their child who was conceived through in vitro fertilisation .

The legal bid cited the ministers of social development, justice and constitutional development as respondents. In October 2022, the University of Pretoria-based Centre for Child Law joined the matter as friends of the court.This [act] effectively deprives children born through IVF to unmarried parents of equal recognition and protection from the law.

However, its application is suspended for 24 months to allow Parliament an opportunity to fix the constitutional deficiency.

 

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