Sperm donor fights lesbian couple for rights to child

A Canadian man who donated his sperm to his one-time girlfriend so that she and her l lesbian partner could have a child is now fighting for his rights as a father. The Globe and Mail reports the case is complex and modern, focusing not only on modern reproductive technologies but also on the new legal dynamics of same-sex marriages. The case has also raised concerns among l lesbian couples who have had to turn to donors to become parents, said Laurie Arron, director of advocacy of the g ay -rights group Egale Canada. The case has, however, been suspended while the issue of media access is taken to the Quebec Court of Appeal.
Full report in The Globe and Mail

 

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Court upholds Jewish Orthodox right of excommunication

In a case reckoned to be watched by Jewish communities around the world, a Johannesburg businessman has failed to prevent his excommunication from the Jewish Orthodox community. A report in The Star says Judge Frans Malan has dismissed the case brought by the man whom the Jewish ecclesiastical court – the Beth Din – had decided to shun because he failed to honour his child maintenance agreements. In his affidavit, the man said that issuing a cherem (an excommunication) against him would render him a pariah in his religious and cultural community. However, Judge Malan said the cherem formed part of Orthodox Judaism and that those who wished to practise the faith were obliged to demonstrate fidelity to it. ‘(Those who adhere to the religion) consensually undertake to submit themselves to the discipline which has been imposed on them ...’ He said that under the circumstances it seemed reasonable and justifiable to limit the religious rights of the man because a failure to do so would have the result that the Jewish faith and community would not be able to protect the integrity of Jewish law and custom. Earlier, Beth Din senior counsel Gerald Farber said a ruling against them would have been like ‘taking a pencil and drawing a line through centuries of religious practices’

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Maintenance orders terminate on death of ex-husband

Unless the agreement of settlement concluded between divorcing parties expressly states so, a maintenance order in favour of an ex-wife terminates on the death of the ex-husband.

 

So if you are getting divorced, make sure that provision is made to bind the estate of your ex-husband on his death!

 

Fingerprinting for newlyweds on the cards

The Department of Home Affairs is considering introducing regulations that will require newlyweds to have their fingerprints taken at their nuptials, reports the Cape Times. The move is part of measures aimed at stamping out fraudulent marriages, according to Home Affairs Minister Nosiviwe Mapisa-Nqakula. Of the 30 000 women who have verified their marital status, 3%, or 956, are alleged to be married fraudulently, the Minister told MPs.

 

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SARS warns about inflating valuations

As the September 30 deadline for Capital Gains Tax valuations looms, taxpayers have been warned by the SARS not to inflate valuations. Such moves, says a News24 report, could result in additional taxes of up to 200% of the tax evaded and criminal prosecution in terms of the Income Tax Act. ‘While SARS confirms that it has not prescribed who should do valuations for the purposes of determining a capital gain or loss, valuations must be accurate, backed by supporting evidence, and able to withstand scrutiny,’ SARS said.

 

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