Eba Kandovazu
THE High Court will on 19 April 2021 deliver judgment on whether or not twin baby girls that were born via surrogacy in South Africa will be granted permission to enter Namibia.
The names of the twins’ parents, Phillip Luehl and Guillermo Delgado appear on their South African birth certificates. The girls, Maya and Paula were born on 13 March 2021 in Durban, South Africa.
Philip, who is Namibian lodged an urgent application in the High Court to compel the Minister of Home Affairs, Immigration, Safety, and Security, Frans Kapofi to issue travel documents for the twins, specifically emergency travel certificates for Luehl to return with his daughters to Namibia.
During the court proceedings the couple’s legal representative, Uno Katjipuka-Sibolile argued that even though surrogacy isn’t allowed in Namibia, it doesn’t make it a crime for Namibians to do it outside the country, given that the legal procedures are followed, and that birth certificates are issued.
“It is not right for the minister to question the South African birth certificates in a very selective manner,” she argued.
Luehl, in his affidavit, contends that he cannot leave South Africa without his twin daughters because he has no one to leave them with there.
“It goes without saying that I will not leave my children behind. Consequently, the respondent is infringing on my right to return to Namibia by essentially trapping me in South Africa. He will no doubt contend that I am free to return to Namibia provided I do so without my children, who being infants are dependent on me,” Luehl stated.
Kapofi, on his part, argues that Luehl is not the children’s father because he has not been given proof, saying that the applicant consistently refuses to subject himself to the DNA test or provide any proof of paternity.
“It would be in the best interests of the applicant and the minor children to be subjected to a DNA test to remove any shadow of doubt pertaining to paternity. This would enable the minors to be brought within the dictates of Article 4(2) of the Namibian Constitution and gain citizenship by descent,” Kapofi stated.
Judge Thomas Masuku is presiding over the matter.