South African court rules for legitimacy of gays' children

By Advocate.com Editors

Originally published on Advocate.com March 29 2003 1:00 AM ET

Children born to same-sex couples by artificial insemination are legitimate, South Africa's highest court ruled Friday. The Constitutional Court ruled that twins born to a lesbian couple by means of artificial insemination should enjoy the same legal status as children born to a married heterosexual couple, the South African Press Association reported. The court ruling followed an application by the couple--identified only as J and B--that Section 5 of the Children's Status Act was unconstitutional because it did not recognize permanent same-sex partners as legitimate parents. The state did not oppose the application. Earlier this month the court ruled that same-sex partners are entitled to the same financial benefits as heterosexual couples.