Question NW790 to the Minister of Home Affairs

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29 March 2023 - NW790

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

In view of the case in 2018 where Lawyers for Human Rights took his department to court to force them to issue a birth certificate to an abandoned child after which the Pretoria High Court ordered his department to issue a birth certificate to the child, what is the process for abandoned babies without proof of birth to receive a birth certificate or notice of birth?

Reply:

A notice of birth can be submitted by a social worker within 60 days of obtaining a court order in terms of section 156 of the Children’s Act and must be accompanied by the following:

  • A court order issued by the Children’s court
  • A certified copy of identity/valid passport or permit of the social worker
  • A certified copy of the identity document or passport or visa or permit of the parent(s) of the child
  • A certified copy of death certificate of the parent(s) of the child (if applicable)
  • A social worker’s report that was presented to the Children’s court
  • If a child whose birth is sought to be registered in terms of a court order is a non-South African citizen, the Director-General may deal with the notice as contemplated in Regulation 8 and inform the relevant Children’s court accordingly
  • Where applicable, a court order indicating the age of the child
  • The social worker who submits a notice of birth must give a name and surname, to that child if no names were given to the child before the registration can take place
  • A birth certificate issued in terms of section 12 of the Act must contain the particulars of the parent(s) of the child where such particulars are known.
  • Officials must sign on behalf of the Director-General

END

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