I have tried everything to confirm my identity (without my biological parents). Now a laboratory has requested I do another DNA test, but I can't afford it.

The long answer

As you would not have a problem getting an ID if you had a birth certificate, I am assuming that you don’t have one. A hospital letter is certainly very useful, but it’s not a birth certificate. A birth certificate would reflect your name, date and place of birth as well as the details of your parents. Once it is issued, you are recorded in the National Population Register by Home Affairs. ID cards are issued to all persons whose details are recorded in the population register. (These persons include South African citizens, permanent residents and recognised refugees.) If a child is born to a South African parent, they automatically get citizenship. 

To apply for an ID, you have to have a birth certificate. So, it seems that you will probably need to go through late birth registration. Sonke Gender Justice says that in some cases of late birth registration, where one parent is a non-national and unmarried, Home Affairs can request a DNA test. Accordingly, you may have already started on late birth registration and were then told that Home Affairs needed a DNA test. But in case you haven’t begun the late birth registration process, these are the documents you would need to present to Home Affairs:

(DHA stands for Department of Home Affairs. LRB stands for late registration of birth.) 

• DHA 24/LRB (notice of birth);

• Children born at health facilities: DHA 24/PB (proof of birth);

• DHA 288/A (affidavit giving reasons for LRB);

• DHA 288;

• Biometrics (ID-size photo and fingerprint) of the person to be registered;

• Fingerprints of parent/s;

• ID/Passport of parent/s;

• Where applicable, death certificate of parent/s

• Proof of payment of a fee.

But even if you can’t provide all these documents, the 2018 Naki judgment (Naki and Others vs Director-General of Home Affairs and Others) found that a person’s application for late registration of birth must still be accepted and considered. 

Sonke Gender Justice explains that the Naki judgment was confirmed by the Constitutional Court in 2021, which found that there was no justification for differentiating between married and unmarried fathers when it came to giving a child a surname. This differentiation between married and unmarried fathers amounted to unfair discrimination on the basis of marital status, sex and gender, which is forbidden by Clause 9(3) of the Constitution, and damaged the dignity of both unmarried fathers, whose relationships with their children were thus seen to be less worthy, and the children of unmarried parents.

DNA tests are generally seen as a last resort to prove paternity. It seems that even with a death certificate and ID for your late father, Home Affairs might still ask for a DNA test if they consider that the other documentation provided is not sufficient.

Why a second DNA test with other family members is now requested could be that the first DNA sample was of poor quality, or that the results of the test were inconclusive. If only you and your aunt were tested, the results may indicate strongly that you are related, but may not be conclusive. That may be why they want another test with a different family member.

DNA tests are certainly expensive. As you probably know, if the DNA test is for Home Affairs, the testing company must meet the chain of custody requirements of Home Affairs. 

You may want to ask advice from one of the following organisations that have had many years of experience in dealing with Home Affairs:

• Lawyers for Human Rights

Email: info@lhr.org.za

Tel: Musina: 015 534 2203

Durban: 031 301 0531

Pretoria: 012 320 2943

Johannesburg: 011 339 1960

Cape Town: 021 424 8561

• Legal Resources Centre

Email: info@lrc.org.za

Tel: Johannesburg: 011 836 9831

Cape Town: 021 481 3000.

Wishing you the best,
Athalie