Two passports on the map of Namibia, are ready for travel.

Two passports on the map of Namibia, are ready for travel.

A Namibian court ruled on Wednesday that the son of a gay couple, born via surrogacy in South Africa in 2019, is a Namibian citizen by descent, in a decision hailed as “big win” for same-sex couples.

In a test case for Namibia, High Court Judge Thomas Masuku ruled that a paternity test is not needed to prove that Yona Luhl-Delgado is the son of Namibian Phillip Luhl and his Mexican husband, Guillermo Delgado.

“This is a big win for same sex couples and especially a big win for Namibian children born outside Namibia by way of surrogacy,” the couple’s lawyer, Uno Katjipuka-Sibolile, told reporters following the judgement.

ALSO READ | Botswana top court hears homosexuality appeal

Yona and his twin sisters, who are also battling to obtain Namibian citizenship in a separate case, were all born via surrogacy in South Africa.

Judge Masuku ordered the ministry of home affairs and immigration to pay the couple’s costs and issue national documents to Yona within 30 days.

In a major climbdown in May, the Namibian government issued emergency travel documents to the twin daughters Maya and Paula, who were born in March. The papers allowed them to enter Namibia, but not leave.

Namibia’s legal system does not recognise same-sex marriages and criminalises sexual contact between men, though the law is seldom enforced.

Luhl told reporters outside the court that the couple was happy with the ruling.

“This is a step in the right direction,” he said.


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By Dr Mercy Alu

I am a mother, HR consultant, author, Goodwill Ambassador with Globcal (a partner with UN on SDG's in Africa), coordinator with International Association of African Authors/Scholars, a songwriter/recording artist, researcher, and social anthropologist of sorts! I believe we should all live our best lives, and enjoy helping organizations and individuals perform better. I and my guest authors love to share information about the world around us; African events & Entertainment, plus lots of good information about Health, Wellness, Family, Book Publishing, Business, Relationships, Culture, Folk Stories, and much more. I speak several languages including French and Igbo (a West African Language). I enjoy research, writing, reading, singing and finding out lots of things about, well, lots of things! Knowledge is power. So information and knowledge gained from experiences, observation, all flavor the things I write about in the exciting blog portion of this website. Feel free to drop me a line or two, I also want to hear from you!

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