Can I use a DNA test to prove that I am the child of a South African citizen and use the results to get citizenship?

The long answer

A sibling DNA test can indeed establish whether half-siblings share either a biological mother or father. In your case, the DNA tests can show whether there is a shared biological father.

The firms that offer DNA testing make a distinction between testing for your own peace of mind and legal testing. 

GENEdiagnostics, one of the companies offering DNA testing, says that “Legal tests are acceptable to South African courts. Legal tests are required for any court purpose, Department of Home Affairs birth registration and amendment, or any other legal matter.” 

These are their charges:

• “R1,932.00 per person for a LEGAL kinship test.

• A minimum deposit of 50% is payable upfront for all tests

• The price quoted includes VAT and the costs of the kit.

• Payment is required before sending you the test kit or arranging an appointment with one of the selected Clicks Clinics we work with nationally.”

This is a Cape-Town based company and these are their contact details:

• Tel: 021 8516468

• Email: info@genediagnostics.co.za

An article on DNA test prices by Money Today says that DNA testing for legal purposes costs about R4,700. Importantly, they also say that “They are usually done using a chain of custody in conjunction with the department or agency that requires the tests to be done. Failure to meet this requirement may make the test inadmissible to the department or agency.” 

Legal DNA Testing says that the chain of custody “… is simply put, a sample collection procedure that must follow certain steps. The procedure will ensure the integrity of the results, that no mistakes are made in the sample collection and that the results reflect the true relationship between alleged father and child.”

These are the steps given by Easy DNA: 

1. Ordering the DNA sample kit which will cost R4,795. Once they have processed the order they will send a kit with the submission, forms, sampling kit and sampling instructions.

2. They say it is essential for a neutral third party – doctor, nurse or any medical professional – to collect the sample. That person (the sampler) not only collects the samples but acts as a witness and makes sure that every step in the chain of custody is followed. The sampler verifies the identities of the parties being tested and does the paperwork. EasyDNA adds that fees paid to the samplers must be paid by the people being tested.

3. EasyDNA will send the sample collection kit to the sampler’s practice. Once they have received the sample collection kit, the sampler will make the appointment.

4. They say you need to take two passport-sized photos and for each person tested, an ID document (or passport) You need to take the original plus two photocopies. The sampler must sign the passport photos stating that the people in the photographs are the ones providing the DNA samples for the test.  

5. The samples are collected by using oral swabs which are rubbed inside the mouth for one minute and then left to dry. Then the sampler will close and label each sample and they will be sent immediately to the laboratory in the envelopes provided.

So, whatever company you ended up using would have to meet the DHA’s chain of custody requirements, and it is something you would need to make sure about with the company from the start.

Home Affairs says that to book an appointment, you should visit http://www.dha.gov.za/  and click on BABS (Branch Appointment Booking System).

If you run into difficulties with Home Affairs, you could consult one of the following organisations that have a lot of experience in dealing with Home Affairs:

• Lawyers for Human Rights

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.

In summary: Yes, you should be able to use a DNA test with your half-sisters to prove that you are the child of a South African citizen. Just make sure that you follow all the necessary steps (like the chain of custody, as explained above). If you need help, contact a pro bono legal agency.

Wishing you the best,
Athalie