A Namibian high court is to decide whether a gay man can return home with his twin daughters, who were born to a surrogate mother in neighboring South Africa.
Phillip LÃ¼hl says his daughters are stateless after Namibiaâ€™s Ministry of Home Affairs refused to issue emergency travel authorization papers for them last week.
Under South Africaâ€™s surrogacy laws, a child born to a surrogate mother takes the citizenship of its parents.
In this case, the twinsâ€™ South African birth certificates recognize Mr LÃ¼hl and his Mexican husband, Guillermo Delgado, as the parents.
In a sworn affidavit, Mr LÃ¼hl says the home affairs ministry asked him to prove that the children were his.
He believes this was done because of his same-sex marriage, a move he believes is discriminatory.
Moreover, he says, the Namibian constitution does not require a biological link for citizenship by descent between parents and their children.
Same-sex relationships are illegal in Namibia, though those involved in one are not prosecuted.
There are also no specific legal guidelines regarding surrogacy in Namibia.
Activists have planned a march outside the high court on Thursday to protest at what they say is inequality against members of LGBTQ community.
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