High Court rules in favor of egg donor as child's legal parent in same-sex couple case

The High Court on Tuesday ruled that the refusal to recognize a female egg donor -- identified as R -- as the parent of her child that born to her same-sex spouse -- identified as B -- was unconstitutional in a judicial review case.

The couple utilized the Reciprocal In Vitro Fertilisation (RIVF) method in South Africa during the childbearing process, wherein R's egg was fertilized externally and subsequently transferred to B, who carried the pregnancy to term.

Initiated in November 2023, the judicial review arose from the court's previous refusal to allow R's re-registration as a parent on the birth certificate of the child, named K, who is now four years of age.

While B is named on K's birth certificate and recognized as a legal parent, R, despite being the biological mother, was not granted equivalent legal status. 

The couple, granted anonymity by the court, successfully pursued a legal action which resulted in R being recognized as a "parent at common law".

Following the Department of Justice's refusal to amend the birth registration, citing "no legal basis whatsoever" for the alteration, the couple chose to initiate legal proceedings against the government once more.

Judge Russell Coleman ruled that the judgment infringes on constitutional principles and the couple's rights. The child would experience "some inconvenience, embarrassment, and potential harm to his dignity" as a result, he added.

However, he noted that further arguments from both sides are required to determine the precise relief to be granted for the couple.