Page:Du Toit v Minister of Welfare.djvu/9

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Skweyiya AJ

subject to the requirement that the consent of both parents is obtained for certain important and specified acts relating to the child. This provision applies to the joint guardianship of adopted children by married spouses as well.[1]

[13]The effect of these provisions for the purposes of this matter is that married persons who jointly adopt a child are joint guardians of that child. The difficulty in respect of same-sex life partners is that (not surprisingly in the light of section 17 of the Child Care Act) section 1(2) of the Guardianship Act does not contemplate that same-sex life partners will be joint guardians of children. If sections 17(a) and (c) are in conflict with the Constitution because they do not permit adoption by same-sex life partners, as the applicants argue, then to the same extent and for the same reason, section 1(2) of the Guardianship Act must conflict with the Constitution.

  1. other than a parent of the child;
    (d) the application for a passport by or on behalf of a person under the age of 18 years;
    (e) the alienation or encumbrance of immovable property or any right to immovable property belonging to the minor child.”
  2. See section 20(2) of the Child Care Act.