Another concern is the section dealing with orphaned and abandoned children. Section 12 of Act states that abandoned children (and orphans as of the Amendment of 2010) shall be registered ‘after an enquiry in respect of the child concerned in terms of the Children’s Act, 2005 ... by the social worker or authorized officer concerned.’ However, LHR has been informed by social workers that this is not consistently implemented for children born outside South Africa. This may be because the Act is not clear that registration shall apply regardless of where the orphaned or abandoned child was born. Under the Act, births to South African citizens abroad may be registered at South African foreign missions or at Home Affairs in South Africa. However, the BDRA requires a foreign birth certificate in order for a citizen born abroad to be recognised and issued an ID number in South Africa.65 The foreign birth must also comply with the requirements for registration of births which occurred in South Africa (including late registrations of birth).66 These requirements may be a barrier for children born outside South Africa, but not in a hospital, as the regulations require the submission of an affidavit by a South African who witnessed the birth.67 Where a child is born abroad, it is possible that the birth will not be witnessed by a South African citizen. The Births and Deaths Registration Act has recently undergone the following notable amendment: • • Births and Deaths Registration Amendment Act No. 18 of 2010. Regulations on the Births and Deaths Registrations Act, 2014. The Amendment Act and the regulations came into force on 1 March 2014. Suggested reading: • 65 66 67 36 Please see LHR's submissions to Home Affairs on the draft regulations to the BDRA and the Citizenship Act in 2012, available at http://www.lhr.org.za/publications/sub mission-draft-regulations-births-and-deaths-registrationact-no-51-1992-submission-d#! (accessed 30 September 2013) See section 13 and regulation 11 of the Births and Deaths Registration Act. See regulation 11(2) of the Births and Deaths Registration Act. See Regulation 3(b) of the Births and Deaths Registrations Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide