How can a foreign father add his name to his children's birth certificates?

The long answer

Home Affairs gives three different instances in which such changes are permitted:

1. If you were unmarried when the children were born, but later marry, you can submit Form B1-59 to Home Affairs along with proof of the marriage. Both parents must sign the form in the presence of a Commissioner of Oaths;

2. To insert the biological father’s name in the birth register of a child born out of wedlock, both parents must complete Form B1-1682 and submit it to Home Affairs;

3. To alter the surname of a minor, Home Affairs says that:

• If a child is born out of wedlock and the mother marries a person other than the child's biological father and wishes to change the child’s surname to that of her husband;

• If a mother, after her divorce from or the death of her husband (father of child), wishes to change the child's surname to her maiden surname or to another surname she bore legally; or if she has remarried, to the surname of her new husband;

• If a child is born out of wedlock but registered under the biological father's surname and the mother wishes to change the child's surname to hers;

• If a minor is under the care of a guardian and the guardian wishes to change the child's surname to his/hers;

• Other situations not mentioned above where a good and sufficient reason for the change exists.

Applications must be on a duly completed Form BI-193.

The only one that applies to you in that list is the last one: “Other situations not mentioned above where a good and sufficient reason for the change exists.”

If you run into difficulties with Home Affairs, you can ask one of the following organisations for help and advice:

Scalabrini Centre (Cape Town)

Email: info@scalabrini.org.za
Tel: 021 465 6433

Legal Resources Centre

Email: info@lrc.org.za
Tel - Cape Town: 021 481 3000
Tel - Johannesburg: 011 836 9831  

Lawyers for Human Rights

Email: info@lhr.org.za
Tel - Cape Town: 021 424 8561

Wishing you the best,
Athalie