The Justice of Namibia, a country that does not contemplate equal rights for the LGTBI community, ruled today, October 13, 2021, in favor of the Mexican Guillermo Delgado and his marido Phillip Lühl, from Namibian origin, in a lawsuit to demand that the Government recognize the Namibian citizenship of their eldest son.
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“The Windhoek High Court has declared Yona (name of Delgado and Lühl’s son) a Namibian citizen by descent,” the Namibia Equal Rights Movement, the LGTBI rights association that has been supporting this couple in the different pioneer judicial fronts that it has open against the Government of the southern African country.
As detailed by this organization, the verdict grants the Namibian Ministry of the Interior and Immigration a period of 30 days to issue the minor’s citizenship certificate.
In 2017, the couple had their first child Yona, born from a surrogate in neighboring South Africa, and, since then, the family has been pushing this case against the State so that Yona’s paternity is officially recognized and, with it, the child could have access to his Namibian nationality.
The Tribunal Superior de Windhoek, the capital of the country, also rejected the obstacles and legal requirements that until now had been filed by the State, such as the requirement of a DNA test, something that the LGTBI community denounced as illegal and discriminatory.
“Democracy wins. Equality prevails ”, stressed the Namibia Equal Rights Movement after confirming this historic victory for gay rights, although the Government could still appeal the verdict.
Delgado and Lühl, both architects working at the Namibia University of Science and Technology (NUST), have been married since they married in South Africa in 2014.
In Namibia they cannot, since this nation, although it does not persecute homosexuality in practice, does not recognize its rights nor does it contemplate legal unions between people of the same gender.
The history of this family, however, acquired national and international relevance in March 2021, when the couple had two new daughters, the twins Paula and Maya, also by surrogate in South Africa, but the Namibian State refused to grant them safe-conduct to enter the country
This decision was made despite the fact that the girls’ birth certificates, issued by the South African authorities, legally recognized Delgado and Lühl as their parents.
Lühl, who had traveled to South Africa to pick up the little ones, was thus trapped in the neighboring country with the twins for two months, while Delgado remained in Namibia with Yona, who in turn could not leave that last country due to the pending citizenship process.
Last May, the Government of Namibia changed its position and approved the granting of safe conducts to the country for the twins, a procedure that at least allowed the family to reunite in their home in Windhoek.
With information from EFE