Can I register my child's birth if I did not have valid documents at the time?

The long answer

Every child has the constitutional right to a name and nationality from birth. The Centre for Child Law says this includes the right to birth registration and to an identity. Section 28 of the Constitution protects that right.

Even if you did not have a valid passport, you would be entitled to register your child’s birth, since the findings of the court in the Naki and Others versus the Director-General of Home Affairs and Others case in 2018. The court found in that case that the requirement for parents to show valid documentation in order to register the births of their children, was unconstitutional, and said the law should be read to mean that valid documentation should be shown “where possible”.

A South African citizen would be issued with a computerised (printed) birth certificate with an ID number. A non-South African citizen born in South Africa is issued with a handwritten birth certificate without an ID number free of charge. The handwritten certificate is also an official and legal birth certificate.

But as all births are required to be registered within 30 days of the birth in terms of the Births and Deaths Registration Act of 1992, your child’s registration will be as a late registration of birth. For late registration of birth (LRB), Home Affairs (DHA) needs more documentation than for ordinary registration of birth before 30 days. These are the documents you need for registration of a child after 30 days but before one year:  

• DHA 24/LRB (notice of birth)

• Children born at health facilities: DHA 24/PB (Proof of birth) / Children born at home: DHA 24PBA (Proof of Birth Affidavit)

• DHA 288 /A (Affidavit giving reasons for LRB)

• Biometrics (palm, foot or fingerprint) of the child to be registered

• Fingerprints of parent/s 

• ID/Passport of parent/s

The child can apply for South African “citizenship by naturalisation” in terms of Section 4 (3) when they are 18 years old - even if neither of their parents were citizens or permanent residents on the day of their birth - if the birth was registered and if the child has lived in South Africa until turning 18.

The Centre for Child Law explains that this form of citizenship by birth is not automatic. An application must be made before the citizenship comes into existence. But it is not subject to the Minister’s discretion: if the requirements are met, the Minister must grant citizenship.

To apply for citizenship by naturalisation, the child must submit an affidavit with proof of complying with all the requirements and submit it to a local office of the DHA and pay R300.

Wishing you the best,
Athalie