Applicants are long-term same-sex partners who conceived a child through artificial insemination. The second Applicant was implanted with sperm from an anonymous donor and ova from the first Applicant and gave birth to twins in August 2001. Applicants applied to the Director General of the Department of Home Affairs (“Respondent 1”) for birth certificates for the twins that listed both applicants as parents. However, Applicants were prohibited from jointly registering as parents of the child. Under the Children’s Status Act of 1987, only the second Applicant was permitted to register as a birth mother. Section 5 of the Act establishes that a child conceived through artificial insemination is considered the legitimate child of a heterosexual married couple, even if they use the sperm or ovum of a third person. This definition expressly applies only to heterosexual married couples. Applicants therefore challenged Section 5 before the Durban High Court, arguing that the Act discriminated on the basis of sexual orientation and thus violated the non-discrimination clause in Section 9(3) of the Constitution of South Africa (“Constitution”).  The High Court interpreted the Act to give homosexual partners the same parental status enjoyed by heterosexual couples. Applicants asked the Constitutional Court to affirm this holding.