The twins were born in Durban to a surrogate mother on 13 March 2021

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 neighbouring South Africa.

Phillip Lühl says his daughters are stateless after Namibia’s Ministry of Home Affairs refused to issue emergency travel authorisation papers for them last week.

Under South Africa’s surrogacy laws, a child born to a surrogate mother takes the citizenship of its parents.

In this case, the twins’ South African birth certificates recognise Mr Lühl and his Mexican husband, Guillermo Delgado, as the parents.

In a sworn affidavit, Mr Lühl 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.