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 | | Stories: UPDATE: BIRTH REGISTERATIONS, SAME-SEX PARENTS VERSUS HOME AFFAIRS Thursday, May 27 @ 15:00:58 SAST by Lisa (95 reads) | BIRTH REGISTERATIONS, SAME-SEX PARENTS VERSUS HOME AFFAIRS
Latest Update: ... 27 May 2010
The Baby-ventures Rainbow family embarked on the journey to find assistance and change the current Birth Registration System of the Department of Home Affairs. We have been involved since 2008 and finally the draft papers are completed and almost ready to be served. Pro.Bono.Org assisted us to find Wayne van Niekerk Incorporated that took on the case pro-bono.
Baby-ventures, Wayne van Niekerk Incorporated and the couples involved walked a long road of questionnaires and interviews to compile all the information. We are glad to report that we are a lot closer to finalise this urgent and important matter.
Papers will be served soon and a 15 day (15 court days) period given to oppose. Should any be received the lawyers in return will react to it. In the case of none a court date will be set.
The focus of the draft papers is that the law recognizes that both spouse of a child by artificial insemination are parents of that child but despite this aforementioned fact, the non-birth mother has not been able to be reflected as a parent on the couple’s child birth certificate as Home Affairs use a system that cannot register two parents of the same sex as the parents of the child. We are going forward with the suggestion to delete the words “natural father” from the particular forms used and to read in the word “co-parent”.
The draft papers also further declares Section 9(2) of the Birth and Death Registration Act and Section 40(3) of the Children’s Act No. 38 of 2005 as unconstitutional, unlawful and invalid. These requested to be changed as well to accommodate same-sex parents. No new applicants will be accepted as it will result in a delay of the proceedings. We will keep you up to date regarding court dates etc as we will prompt the community to be visible on the day and if possible attend the court proceedings.
The Baby-ventures Rainbow Family wants to thank all the applicants for their time and effort to date to change these Acts for our children and future generation.
Please contact Lisa Sonnekus on lisa.sonnekus@baby-ventures.za.net for any further information on this case.
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Stories: Birth Certificates V Same Sex Parents and their children Wednesday, May 27 @ 22:50:18 SAST by Lisa (396 reads) | Birth Certificates V Same Sex Parents and their children
SA came a long way since the legalization of Gay Marriage in December 2006. All experts, including Baby-ventures knew that there will be some challenges ahead for couples going through the legal system.
One of them is the registration of children born from legally married gay couples. Prior to the legalization of gay marriage, the non-biological parent had no choice but to adopt their child born from a partnership. The system only allowed for legally married couples. The legal entity provides both parties with full parental rights. Because gay marriage was never legal, children were seen as born “out-of-wedlock”.
The gay marriage act grants both parents full parental rights when their child is born. This has been one of the greatest benefits for same sex couples when starting a family. No adoption is necessary.
The challenge still arises with the completion of the forms, including the B-154 form at Home Affairs. This form is the application for the birth certificate. The form still only allows for mother and father. The question arises with same sex couples – who should go where and what is the complications?
Our conversation with the customer care line at Home Affairs resulted in holding on for a very long time but with a clear message that no discrimination takes place at the institute and that the form should be completed with both parties details. Submit the form with a copy of the marriage certificate and a letter explaining that is a child was born from asame-sex couple. That should be sufficient.
On the other hand, one of our members experienced a request to submit a letter under oath explaining their "situation" and was also requested to handle their application in person and not make use of any registration services.
A later consultation with a known registration service based in Pretoria revealed similar results. They handle many birth registrations for same sex couples. According to them there are two challenges in the system at the moment.
A) On the traditional marriage certificate the man’s details will be displayed under Spouse A and the woman under Spouse B. With the completion of the form for the birth registration – this will be the order the details will be displayed as well. With a two women same-sex marriages obviously both Spouse A and Spouse B will be female.
B)The second challenge is that when the registration takes place at Home Affairs, the system will not take both ID numbers as it show two females. The system is programmed to throw out the one as it will not recognize two female entries. According to them, the only way Home Affairs can cope with this type of application, is by by-passing the system. Upon entry they will simply leave out one ID number. The system will reflect one female with ID number and the second without.
The question of any legal implications was given to two specialists in their field. Firstly we spoke to some fertility clinics that handles many IVF/AI and surrogacy procedures for same –sex couples.
The fertility expert at the clinic commented: “There should not be any legal implications as both the parties details appear on the birth certificate. Even though one ID number is not entered, a court should not dispute the fact that both parties have parental rights.” She did add that maybe it would a good idea to get a letter drawn up stating the reason (Home Affairs System) why both ID numbers does not appear on the birth certificate. This letter should be stamped by Home Affairs.
To summarize as per Pro.bono.org and our finding:"Following the passing of the Civil Unions Act, the Department of Home Affairs (DOH) now caters in its paperwork for same sex partners by having created a document which mirrors the unabridged marriage certificate. It is call an unabridged civil union. The only difference is that instead of referring to husband it refers to partner A; and instead of referring to wife it refers to partner B." "Unfortunately the same attention has not been paid to the changes needed in the paperwork formalise the birth of a child in a civil union. After the birth of a child, there are three documents created: a Notice of Birth, an Application for Birth Certificate, and an Abridged or Unabridged Birth Certificate. On all three these documents the particulars of father and of mother are required and appear." "The Notice of Birth further specifies that what is required are the details of the natural mother and natural father/parent in terms of s5 of the Children¹s Status Act of 1987. [In terms of section 5 any child born as a result of artificial insemination is deemed for all purposes to be the legitimate child of the spouses.]" "The unabridged birth certificate issued for the child born into a civil union contains the following information: the details of the father and his identity number, and the details of the mother but not her identity document. We have been advised that the IT system of the DOH is set up in a manner that it rejects the second parent¹s identity number if it is of the same gender as that of the first parent." "What we do know is that the DOH is giving civil union partners wrong advice by telling them to by hand delete the terms mother and father and insert partner A and partner B." "What we do not yet understand fully are what are the legal consequences, if any, of the unabridged birth certificate incorrectly labelling the gender of the parents, and of it containing the identity number of only one parent. This must be established." South Africa is not the first country to experience this challenge. Most countries that legalized gay marriage had to adjust their forms to cater for all their citizens. Birth registrations refer now to “partners” and not “husband and wife”. But what is Home Affairs doing about this situation? To date nobody can tell us any plans made to correct or address the situation. Until now. The Baby-ventures Rainbow Family, a voluntary lawyers firm appointed by Pro-bono.org and Triangle Project will be lobbying this case together with one of our members. We call on our community to please contact us urgently if you are affected by the above situation. This will include any birth registrations after December 2006 and you are legally married. We are in the process of further action and want to include any additional cases. Contact urgently or call Angela on 084 260 7474.
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Stories: The Word ''Lesbian'' - Out of Interest Wednesday, May 06 @ 21:58:00 SAST by Lisa (194 reads) | . by Angela Sonnekus www.baby-ventures.za.net
Many gay women prefer to be called rather “Gay” than “Lesbian”. I must be honest - it’s one of my favorites and I am very proud to be called a Lesbian.
It divines me. It is who I am. In a way describes my culture and inner being.
I decided to do some research on the word and its origin and came a cross some rather interesting information.
The word itself comes from the Greek island of Lesbos. Sappho a poet and resident of Lesbos, who lived in 600 B.C, loved and adored women. She used to write love poems to other women.
Her poetry was destroyed by religious fundamentalists. The few poems that still exist today, speak clearly for her love and infatuation for women.
They are still not sure when the word “Lesbian” was first used to describe women who love women, but they do know it can be traced back as early as the 1800s.
On a lighter note. Through my research I came across a rather amusing article and it yet again, our ancestor Sappho re-appears. Its amazing how one person’s story still causes so much controversy?
Lesbos (the island) residents are also known as “Lesbians.” Just like we are known as “South Africans”. Many years later, three residents of the island Lesbos have lost an attempt to ban the word “Lesbian”. The argument was the term “Lesbian” and the reference to gay women insulted their identity.
The Athens court ruled that there was no reason for their contention and that their argument that the word did not define the islander’s identity.
The defense argued it was against human rights because of international dominance of the word and its sexual context. They also argued it causes daily problems to the social life of Lesbos inhabitants.
The court disagreed and the plaintiffs had to pay court expenses of 230 Euros. You can maybe try and understand how the islanders must feel. Someone asks “what is your nationality?” An expected answer would be maybe, French or German but hardly – “I am “Lesbian”” (meaning from the country Lesbos).
Can you imagine how many times the question-mark-face appeared? As “Lesbian” women we all know the question-mark-face.
Question “What does your husband do?” Answer – “No – my wife.” - Question-mark- face.
I am sure Sappho was not the “first “Lesbian”” in the world – but could maybe be seen as the ambassador of our “culture”. After all – a large majority of “Lesbians” enjoys their poetry and love sharing their emotions on paper – just like I am doing right now.
My conclusion is this: “I am a “Lesbian”.” I am proud of being called a “Lesbian”. Sappho, many years ago fought pre-justice, discrimination, religious ridicule and isolation. She must have been “a pillar of strength” and a “chick to be reckon with” if they named an entire legacy after her – called “Lesbians”.
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Stories: BIRTH REGISTERATIONS, SAME-SEX PARENTS VERSUS HOME AFFAIRS Sunday, March 08 @ 22:31:01 SAST by Lisa (450 reads) | LATEST UPDATE: ...27 March 2010
The Baby-ventures Rainbow family embarked on the journey to find assistance and change the current Birth Registration System of the Department of Home Affairs. We have been involved since 2008 and finally the draft papers are completed and almost ready to be served. Read More...
PREVIOUS ARTICLE
SA came a long way since the legalization of Gay Marriage in December 2006. All experts, including Baby-ventures knew that there will be some challenges ahead for couples going through the legal system.
One of them is the registration of children born from legally married gay couples.
Urgent Request from the LGBTI Community
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Stories: GAY: (CHILD FRIENDLY) Sunday, March 08 @ 22:14:06 SAST by Lisa (275 reads) | (GAY): Child friendly
Within our beautiful diverse LGBTI community is a hidden and not really looked after segment called “parents”. As any parent we want our children to grow up feeling not alienated from their community. Be proud of their heritage and where they come from. Unfortunately within our community we do not cater for rainbow families and their needs.
The gay community should realize that many of us are parents or have the dream to become parents one day. Isn’t it about time our community sits up and take note? Shouldn’t our events such as Pride have facilities for children?
As activists for diverse families, we attended the Cape Town Pride with our child and none of the facilities catered for our needs. The events prior to Pride consisted of venues totally child unfriendly.
So we agree with our “Readers Letter” and will work even harder to attempt to make future events accessible for all the segments of the gay community and provide a space for parents and like-minded individuals. The Baby-ventures Rainbow Family will provide that space.
Readers Letter: "Our Children"
I have always wanted children for as long as I can remember. The wish I had for having a child came true. I looked down at this gift in my arms; the thoughts that ran through my mind were “your life will have
no boundaries, no limitations and you will be loved unconditionally.”
You turn your head and look to the right of you; your wife has the same stars in her eyes and exactly the same thoughts. Two years pass and your baby is now a little boy, he has a mind of his own and a personality that leaves you in stitches. Your love for him has no boundaries. News comes to relocate to Cape Town, my wife and I decide to make the move. You can feel the excitement in the air, wondering what adventures lay ahead.
We make the move leaving behind our strong network of family and friends. Head off to gay friendly cape with gay restaurants, gay resorts, gay clubs, and gay book stores to name a few.
Cape Town the gay capital for sure we will meet like-minded people - there is no dought. Six months down the line - well no like mined people.
That evening my wife reads our son a story and I tuck him in and lay a big kiss on his head. I walk to the kitchen to pack his school bag for the next day. In his bag a piece of paper with his school songs on it. Reading through it, I realize that for many of the songs there is a mommy and a daddy which of course does not resemble my family in the least,
I can’t blame the school at the end of the day that is society for you. The following day we take our son to school. It’s an awesome school and our son enjoys it so much.
We as a family decide to go a gay church to hopefully meet like-minded people that have children and the same believes as us. After the church service we left completely disappointed and at the same time confused. The service was nice and the people were kind but coming to the conclusion that there was not one person to call like-minded.
Sitting in the back seat of the car the most precious gift god gave us. Talking at the top of his voice and staring out the window, my beautiful wife lost in thought.
It starts to dawn on you that all you have really wanted was for that noisy little person in the back seat to know families just like his. To have friends with parents just like his.
I guess as a parent when I held him in my arms for the first time my thoughts were of no boundaries no limitations. And not once did it cross my mind that he might never know families just like his….
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