A South African court has denied a gay couple the right to adopt a child and the judge did it for a good reason. The adoption would not be in the child’s best interests for two basic reasons. The couple were only identified by their initials CJD & HN.
The Judge Ronel Tomay ruled that "HN’s fear that his medical practice would be affected if he came out would be detrimental to the child. She suggested that HN being in the closet could lead him to not acknowledge the child in public." using the following scenario "I can see a little toddler excitedly running towards his father in public, shouting out ‘daddy’… Would the father pretend not to be the parent? How would this impact the child,” Tolmay asked.
The second reason stated, despite acknowledging that the two men are in a loving and stable relationship, Tolmay also rejected the application because they live in separate homes, although they spend much of their time together.
Attorney and LGBT rights activist Coenie Kukkuk stated that she doesn't believe the judge's ruling was discriminatory. Stating “Judge Ronel Tolmay is one of the most progressive judges on the bench. As an advocate she took on many cases for LGBTs when she still practiced law,” and further insisted “I can assure you that this judgment is in the best interest of the child. The High Court is the Upper Guardian of all children and a decision like this would not have been lightly made.”
While there are some that believe that this ruling isn't fair or just, and believe that there are two sets of rules for adopting children. Further stating that many single or divorced heterosexual parents do not live together and that children often live between two homes. The only difference is that one of the parents isn't hiding their sexuality. And would it fair to subject a child to conform a parents fear of being gay? How would this effect a child as they grow up? Would that child be required to not acknowledge one of their parents? Be expected to refer to one parent as a uncle or family friends? And what about honesty, you want to teach your child to be themselves, honest, respect who they are and one parent sets aside those rules for the sake of their business.
What do you think?
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