GK and BOK had a child out of wedlock. Despite not being married, GK provided financial and other support for the child from her birth. The child had lived with GK for a year and during that time, BOK (the child’s mother) became involved in a relationship with MT. At the end of that year MT attempted to adopt the child of GK and BOK with the consent of the latter. Since the child parents weren’t married, GK’s consent regarding the adoption of the child was not required by Section 4(2)(d)(i) of the Adoption of Children Act (the “Act”).

Therefore, GK submitted a complaint before the High Court of Botswana alleging that the Act discriminates on the basis of marital status and gender, and as such should be declared unconstitutional as inconsistent with the constitutional protection against discrimination on the basis of certain protected classes under Section 15 of the Constitution of Botswana 1966 (the “Constitution”).