best interests of children are protected.
[42]Accordingly, I shall grant the relief sought by the applicants in this case and confirm the order made by the High Court. I am of the view that such a remedy serves to protect not only the applicants’ equal parenting rights in respect of the siblings, but all permanent same-sex life partners wanting to adopt children jointly or to undertake joint guardianship.
[43]I should, however, emphasise that in each decision concerning adoption, prospective adoptive parents should be evaluated on a case-by-case basis as provided for in the Child Care Act. In so doing, care will be taken to ensure that only suitable couples will be entitled to adopt children jointly.
[44]In conclusion, the following order is made:
1. | The order made by Kgomo J in the High Court is confirmed. | |||||||
2. | It is accordingly declared that:
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