I was born in South Africa to a foreign mother, who was undocumented. I need help getting my ID.

The long answer

Although your stepfather is South African, he would need to have legally adopted you, for you to get SA citizenship from him.

(Just for your information: adult adoption does not fall under the Children’s Act 38 of 2005, but follows a different, more complex and lengthy legal process. If you went that route, your stepfather would have to employ a lawyer to make a formal application to a high court to prove that a parent/child relationship exists and that it would be in the best interests of both parties for you to be adopted.) 

Although the government is considering changes to the Citizenship Act of 1995, Section 4(3) of the Citizenship Act is still in force in February 2026. Section 4(3) says that:

“A child born in the Republic of parents who are not South African citizens or who have not been admitted into the Republic for permanent residence, qualifies to apply for South African citizenship upon becoming a major if:

(a)     he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and

(b)     his or her birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act 51 of 1992).”

In other words, Section 4(3) allows children born in South Africa to non-citizen parents to apply for South African citizenship when they turn 18, if they have lived in the country all their lives and their births were registered. 

As you have lived in South Africa all your life, the question is whether your birth was registered by your mother within 30 days, which is what the Births and Death’s Registration Act requires. 

If it wasn’t, you would need to apply for Late Registration of Birth (LRB) because you need to have a birth certificate to get an ID. Section 28 of the Constitution entitles all children to a birth certificate.

Unfortunately, the LRB process takes such an incredibly long time that the Children’s Institute and the Legal Resources Centre took Home Affairs to court in 2025 for the massive backlog of some 258,000 LRB applications. They wanted the court to find the backlog at Home Affairs unconstitutional and force Home Affairs to make a proper comprehensive plan to deal with the backlog. The court case is still going on, but this is what is happening at Home Affairs now: 

1. It is transitioning from paper-based systems to digital, biometric-enabled services to reduce long queues and administrative delays, as part of its ongoing “Home Affairs @ home” reforms.

2. Home Affairs still requires comprehensive screening, interviews and verification due to the high risk of fraud, and LRB could take up to a year. 

These are the documents you need to submit to Home Affairs for late registration of birth. You can get the forms from their offices:

• Application for an ID (Form B1-9);

• Completed Forms DHA-24, DHA-24/A x 2 and DHA-288 for the registration of birth;

• Supporting documentation like proof of birth, clinic card etc, as well as written reasons why the birth was not registered within 30 days of birth;

• Fingerprints of parent/s; (As you can’t get your parents’ fingerprints, your stepfather should submit his fingerprints along with an affidavit explaining that you have been brought up by him following your mother’s death in 2014.)

• Your biometrics (fingerprints);

• Certified copies of parent/s’ IDs, or asylum permit. (Again, an affidavit by your stepfather about your circumstances would help.).

• School reports etc to prove school attendance in SA.

Once you have a late birth certificate, you should be able to apply for an ID. Remember that the Constitution says that all administrative action by the state must be procedurally fair, just and reasonable. So, Home Affairs has a constitutional responsibility to treat applications for citizenship in a fair, just and reasonable way. 

About citizenship, Cliffe Dekker Hofmeyr said in 2025 that our courts have already confirmed that “… where an applicant meets the requirements of section 4(3) and makes the necessary application, no discretion exists, and citizenship must be granted.” 

If you find that you still struggle with Home Affairs, you could contact one of the following organisations for assistance: 

• 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

Johannesburg: 011 836 9831

Cape Town: 021 481 3000.

Durban: 031 301 7572

• Black Sash

For free paralegal advice, email: help@blacksash.org.za and info@blacksash.org.za

Tel (national office): 021 686 6952

Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865.

• The Scalabrini Advocacy Whatsapp Line on 0782603536.

• Legal Aid

Email: communications2@legal-aid.co.za

Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 
Please Call Me: 079 835 7179

Wishing you the best,
Athalie