Undocumented children who are separated from their parents, for whatever reason, are at a particularly high risk of statelessness because they do not have a parent available to assist them in documenting themselves. Even if a friend or relative of their parents is caring for the child, it is challenging for that person to obtain documentation for the child since the legal guardian or biological parent's presence is required by Home Affairs in order to get a birth certificate or passport. Legal guardianship may be obtained by approaching a High Court, but many people simply informally adopt children without going through this procedure. Often the person in question only faces a problem when he or she tries to apply for an ID, at which point, if the person is over age 18, it is too late for their caregiver to obtain legal guardianship. As they grow older, access to nationality becomes increasingly difficult without a parent to attest to the child’s right to nationality. Prevention of statelessness mean that South African citizen parents often pass away prematurely without appointing legal guardians for their children. Informal adoptions are common in rural areas and thus births may not be registered until the child tries to apply for an ID; Home Affairs statements that it intends to further restrict access to late birth registration143 will make true citizens suffer if they cannot provide the required documentation and parent, legal guardian or next of kin. In South Africa, the law does protect vulnerable children. Such children qualify as children ‘in need of care and protection’ as contemplated by Section 150(1) of the Children’s Act 38 of 2005 (the Children’s Act). This Act applies to all persons under the age of 18 without discrimination as to the nationality of the child. A social worker, having identified an unaccompanied foreign child, must follow the procedures applicable to children who are identified as in need of care and protection.144 This entails an investigation into the child’s personal situation,145 the possible removal of the child to a temporary place of safety146 and the presentation of a report of the social worker’s findings to the Children's Court.147 The Constitution and the Children’s Act apply to all children without discrimination as to their legal status. Hence, the nationality or lack thereof, or the legality of a child’s presence on the territory, is of no relevance to the child's fundamental rights and best interests. 143 144 145 146 147 City Press (n 86 above). See sections 152-159 of the Children’s Act. In terms of section 155(2) of the Children’s Act. In terms of section 152 of the Children’s Act. In terms of section 155(1) and 155(5) of the Children’s Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 109