Gay activists anticipate a Constitutional Court judgement soon, giving same-sex couples the legal right to jointly adopt children. The ruling is expected to be a landmark in the country’s gay rights legislation.
The case, brought by lesbian couple Suzanne du Toit and Anna-Marie de Vos, challenged the 1995 ruling by
the Children’s Court that only one of the women could be recognised as the legal parent of their two adopted children.
The couple had their relationship formalised by a lay preacher in a commitment ceremony, but because they are not legally married they cannot be recognised as joint adoptive parents.
The couple challenged the adoption laws as unconstitutional and won a ruling from the Transvaal High Court in September 2001. As the law then stood, Du Toit, who works from home and spends most of the day with the children, would be granted no legal rights as a parent in the event of a split.
Du Toit was in the Constitutional Court again this week to seek its confirmation of the high court ruling. Philip Ginsburg, SC, acting on behalf of Du Toit asked for ”a legal recognition to the reality of life and substantial redress to the other partner”.
A report presented by clinical psychologist Leonard Carr suggested before the hearing began that a civil marriage was not one of the criteria by which the best interests of the child should be judged.
Outside the court Evert Knoesen, director of the Equality Project, a gay pressure group, told the Mail & Guardian he thought this latest court action was a significant step towards the legal recognition of same-sex marriage. Knoesen said that allowing gay couples to marry constituted the most ”simple and direct method” of remedying inequalities in adoption law.
Justice Laurie Ackermann, considering arguments, commented at one stage during the proceedings that the sheer number of children who are waiting to be adopted might advisedly be an overriding factor in the Constitutional Court’s final decision.