Question NW1028 to the Minister of Social Development
08 April 2022 - NW1028
van der Merwe, Ms LL to ask the Minister of Social Development
Whether, in view of the Deputy DirectorGeneral: Civic Service of the Department of Home Affairs reporting to the Portfolio Committee on Social Development on 2 March 2022 that relatives can register orphaned and/or abandoned children if they provide a report by a social worker, whereas at a local service delivery level a Children’s Court order is required in most cases, she will clarify (a) what section of the Children’s Amendment Act, Act 41 of 2007, and Regulations may be relied upon in respect of applications for late registration of birth of orphaned and/or abandoned children in cases where such registrations are made (i) in the name of a social worker and (ii) in the name of the relative caring for the child, (b) which relatives qualify to make such applications and (c) what supporting documents must a social worker and/or relative provide to the Department of Home Affairs for a successful application?
Reply:
(a) Section 48 (2) of the Children’s Act No. 38 of 2005 and Regulation 10 of the Regulations relating to Children’s Courts and Abduction, 2010 may be relied upon in respect of applications for late registration of birth of orphaned and/or abandoned children in cases where such registrations are made.
(i) Applications for late registration of birth of orphaned and/or abandoned children are not made in the name of a social worker. The Social Worker is recorded as an informant when making such application at the Department of Home Affairs.
(ii) The Births and Deaths Registration Act, 1992 (Act 51 of 1992) and the Identification Act, 1997 (Act 68 of 1997) regulate late registration of birth of orphaned and/or abandoned children in the name of a relative caring for a child.
(b) According to Regulation 4 (2) of the Regulations on the Registration of Births and Deaths, 2014, a person who is next of kin or a guardian of a child qualifies to apply for late registration of birth of an orphaned child.
(c) A social worker must provide the following supporting documents to the Department of Home Affairs for a successful application of late registration of birth of an orphaned and/or abandoned child:
- A professional report.
- Form 7 of the Regulations relating to Children’s Courts and Abduction, 2010
- Form 8 of the Regulations relating to Children’s Courts and Abduction, 2010.
Supporting documents that a relative must provide to Department of Home Affairs for a successful application of late registration of birth of an orphaned and/or abandoned child are determined in terms of the Births and Deaths Registration Act, 1992 (Act 51 of 1992) and the Identification Act, 1997 (Act 68 of 1997).