Chapter 3 PATHWAYS TO DOCUMENTATION AND LEGAL STATUS FOR CHILDREN IN SOUTH AFRICA 3.1. BIRTH REGISTRATION Applicable law: Births and Deaths Registration Act, 51 of 1992 (“BDRA”) The BDRA (and its regulations) regulates the registration of births and deaths in South Africa. It applies to all South African citizens and to non-citizens who reside in South Africa. Born in SA to SA citizen parent Born outside SA to SA citizen parent Adopted by SA citizen parent Sec 9 + Reg 3 - 5 BDRA Sec 13 + Reg 11 BDRA Sec 27B + Reg 10 BDRA NON-SOUTH AFRICAN CITIZEN PARENT Born in SA to permanent resident parent Born in SA to refugee or asylum seeker Born in SA to non-citizen parent Sec 2 + Reg 7 BDRA Sec 2 + Reg 7 BDRA Sec 2 + Reg 8 BDRA ABANDONED OR ORPHANED CHILDREN SECTION 12 + REG 9 BDRA SOUTH AFRICAN CITIZEN PARENT Figure A: Birth Registration under the Birth and Deaths Registration Act www.lhr.org.za www.savethechildren.org.za | 13