Page:Du Toit v Minister of Welfare.djvu/25

Rh jurisprudential developments indicate the growing recognition afforded to same-sex relationships.

One of the considerations that could have been raised by the respondents to justify the constitutional limitations in issue, relates to the procedures available for regulating and safeguarding the interests of children in the event of the termination or breakdown of the relationship between same-sex couples who may be joint adoptive parents. Same-sex couples are not immune to the breakdown of their relationships and at present the law does not make comprehensive or express provision either for the recognition or the dissolution of same-sex life partnerships, or the safeguarding of the interests of children in the event of such a breakdown.

Important as a consideration like this is, I am satisfied that there are adequate mechanisms available for determining and protecting the best interests of minor children upon termination of a same-sex partnership in which the participants are joint adoptive parents. Rh