Delgado-Lühl citizenship judgement postponed

05 August 2021 | Justice



The much anticipated judgement in a citizenship case of the two-year old son of Phillip Lühl and Guillermo Delgado has been postponed to 13 October due to Covid-19 complications.

The Namibia Equal Rights Movement (NERM), which advocates for the equal rights of all Namibians including LGBTQ families and individuals, was dismayed with the postponement.

“After two years of litigation … we are deeply disappointed in the further delay, as this impacts the family and continues to leave their children de facto stateless. We will continue to fight for justice,” the group stated.

The ruling will determine whether the home affairs ministry should be compelled to grant Namibian citizenship by descent to Yona Delgado-Lühl, who was born in March 2019 via surrogacy to his parents.

It will also impact whether his infant sisters, Paula and Maya, will be granted citizenship.

The toddler has effectively been stateless for more than two years. The case has raised questions over what equal rights groups have labeled ‘state-sanctioned homophobia’.


All three children are in possession of authentic South African birth certificates that identify Lühl and Delgado as their sole and legal parents, in addition to South African High Court orders legitimising their surrogacy arrangements and the parentage of the men.

Before the postponement was announced, NERM warned that the case highlights problematic government attitudes towards LGBTQ Namibians and their families, who are put through the ringer in ways that heterosexual Namibians who have had children abroad via adoption, surrogacy or in-vitro treatments have not had to endure.

“In a born-free Namibia, children have now become collateral to the government’s state-sanctioned homophobic policies. It should be deeply concerning to all Namibians that the home affairs ministry is creating stateless children solely because of their parents being in a same-sex relationship. Tax payer funds used to separate families and harm children is not the born-free Namibia we fought for.”

The organisation warned that if the court declines to interfere on behalf of the Delgado-Lühl family, this would create a dangerous constitutional precedent, and would impact any Namibian who has a child abroad that is not biologically related, either via surrogacy, in-vitro treatment or adoption.

Over the past months, many legal experts have also noted that apart from the issue of parentage, courts should take into account the rights of the children, and prioritise their well-being and safety.

Similar News


Isolation rape case transferred to regional court

3 hours ago | Justice

ADOLF KAURE SWAKOPMUNDGlenn Clifford Leister (27) made another brief appearance before the Swakopmund Magistrate’s...

New twist in Wasserfall murder trial

1 day - 18 October 2021 | Justice

LEANDREA LOUWWALVIS BAYNew information has come to light of the involvement of other possible suspects in the murder of Shannon Wasserfall.This emerged after Azaan Madisia...

Big win for Delgado-Lühl family

5 days ago - 14 October 2021 | Justice

JANA-MARI SMITH A two-year-old boy born via surrogacy to a Namibian citizen and his...

Win for Delago-Luhl family

6 days ago - 13 October 2021 | Justice

JUST IN: High court judge Thomas Masuku has granted citizenship to the son of Namibian Phillip Lühl and husband Guillermo Delgado. Yona and his twin...

Immigration under scrutiny over domicile case

6 days ago - 13 October 2021 | Justice

JANA-MARI SMITH WINDHOEKImmigration authorities and their handling of a domicile case were subjected to intense scrutiny by three of Namibia’s top judges...

NIDA sued for N$40m for cancelled projects

1 week ago - 12 October 2021 | Justice

JEMIMA BEUKES WINDHOEKThe Namibia Industrial Development Agency (NIDA) is being sued for N$40 million for services rendered by a local architectural...

Jailed secretary earned N$600k using forged qualification

1 week ago - 12 October 2021 | Justice

STAFF REPORTER WINDHOEKThe Otjiwarongo Magistrate's Court last week sentenced Ester Hihanguapo, who worked as an executive secretary for corporate services at the...

Lichtenstrasser trial: Crime scene investigators testify

1 week ago - 06 October 2021 | Justice

STAFF REPORTERIn the Lichtenstrasser murder trial involving the two murdered NIMT directors Eckhart Mueller and his deputy Heimo Hellwig, prosecutor Antonia Verhoef last Wednesday called...

Job’s red line claim ‘embarrassing’, defendants say

1 week ago - 06 October 2021 | Justice

ELLANIE SMITWINDHOEKIt has been proposed that a status hearing for the controversial red line removal court case be set for January 2022.This is according to...

Murder-accused pastors’ wives arrested for concoction deaths

3 weeks ago - 27 September 2021 | Justice

Kenya Kambowe RUNDUThe customary wives of two pastors from the Kavango West Region who stand accused of three murders and an...

Latest News

Church, civil society butt heads...

3 hours ago | Health

JEMIMA BEUKES WINDHOEKThe Voices for Choices and Rights Coalition wants abortion to be legalised up to the seventh month of pregnancy,...

Isolation rape case transferred to...

3 hours ago | Justice

ADOLF KAURE SWAKOPMUNDGlenn Clifford Leister (27) made another brief appearance before the Swakopmund Magistrate’s...

EDITORIAL: Open-minded debate needed

3 hours ago | Opinion

The current abortion debate is filled with emotion, often revolving around moral, legal and religious arguments.The sides involved are the self-described "pro-choice" and "pro-life" movements....

Maternal mortality still a problem

3 hours ago | Health

JEMIMA BEUKES WINDHOEKNamibia’s maternal mortality rate stands at 195 per 100 000 live births, as the country accelerates efforts to reduce...

81% of Namibians depend on...

3 hours ago | Agriculture

ELLANIE SMITWINDHOEKIn Namibia around 81% of the population is said to be dependent on a semi-arid environment, which constitutes 50% of the total land area...

Public hearings on abortion start

3 hours ago | Health

JEMIMA BEUKESThe Voices for Choices and Rights Coalition wants abortion to be legalised and the right for women to terminate an abortion up to 28...

Inclusivity at its best

3 hours ago | Social Issues

Tunohole MungobaWith a total of 95 visually impaired learners and 209 hearing-impaired learners, Eluwa Special School commits themselves to provide equal opportunities to all their...

Interhigh 2021

3 hours ago | Sports

Inter-high a great success

3 hours ago | Sports

MARISELLE STOFBERGOver the weekend, the fourth annual inter-high-school sport day between Windhoek High School (WHS) and Windhoek Gymnasium took place at the Vegkop stadium in...

Load More