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International Family Law

The leading authority on international family law

02 JUL 2012

Republic of South Africa - Children Law Update

Samantha Lewis

April turned out to be another significant month for constitutional furtherance of children's rights, parenting rights and the rights of same-sex couples in South Africa. In the highly publicised judgment of CM v NG, the Western Cape High Court ordered that 'both mothers' of a child conceived by artificial fertilisation (where only NG was the genetic parent) held full parental responsibilities towards such child.

Acting Judge Gangen ruled that the woman, who had been involved in a same-sex relationship for several years but who had never married and had eventually split, had equal parental rights and responsibilities towards 'their' child and that they had to enter into a parenting plan to regulate such rights and responsibilities. A facilitator would be tasked with issuing directives if the woman were unable to reach agreement.

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