Du Toit and Another v Minister for Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children.

[3] The case was brought in 2001 by Suzanne du Toit and Anna-Marié de Vos, who had been partners since 1989.

[4] They applied to the Transvaal Provincial Division of the High Court to have the relevant provisions of the Child Care Act and the Guardianship Act declared unconstitutional on three grounds: that they unfairly discriminated against du Toit and de Vos on the prohibited grounds of sexual orientation and marital status, that they infringed on du Toit's right to dignity, and that they violated the principle that the best interests of the child are paramount in situations involving children.

[5] The government did not oppose their application, and on 28 September 2001 the High Court ruled in their favour and ordered words to be "read in" to the acts to give "permanent same-sex life partners" the same rights as married spouses.

That court heard argument on 9 May 2002, including a report by a curator ad litem representing the interests of the children, and a submission by the Lesbian and Gay Equality Project as amicus curiae relating to the welfare of children of same-sex partners in the event of a breakup.