Question NW790 to the Minister of Home Affairs
29 March 2023 - NW790
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