5.1.3 People born in South Africa to citizens Births to undocumented South Africans Parents who are not in possession of identity documents are routinely turned away when trying to register their children's births and to receive birth certificates at Home Affairs. At present, the forms for 'notice of birth' in the regulations the Births and Deaths Registration Act require that parents have a valid ID number in order to complete the forms required for birth registration. Parents are required to get IDs for themselves first, generally through the late registration of birth process. Those unable to provide adequate proof of their citizenship (due to lack of documentation from apartheid era combined with deceased parents) are unable to get an ID and then unable to register their children. The result is a domino effect where entire families remain undocumented and are trapped in a cycle of poverty and statelessness. Where parents do obtain IDs, it is often a good deal of time after giving birth and their child’s birth also turns into a late registration. Generally, births to undocumented South Africans will not be registered within the first 30 days after birth (due to the requirement of an ID for a parent to register a birth) and thus they will turn into cases of ‘late registration of birth.’ To assist such clients, ask them to gather all documentary proof of birth and upbringing in South Africa. Draft affidavits for clients and any witnesses whom they can find who can attest to their personal history and, ideally, their birth on the territory to a citizen parent. Then accompany the client to a local Home Affairs to assist him/her to make an application for late registration of birth. See the next section for more information on this process. Litigation may be the only option in order to enforce the right to birth registration and citizenship for this group. Please refer to the legal framework outlined above concerning the right to universal birth registration. For children, the Constitution's protection of every child's right to a name and nationality from birth will be a strong tool for legal advocates in litigating to enforce the right to birth registration for children of undocumented parents. Late registration of birth (LRB) According to the Births and Deaths Registration Act 18 of 2010, at section 9(3A):110 Where the notice of a birth is given after the expiration of 30 days from the date of birth, the birth shall not be registered, unless the notice of the 110 Section 9(3A) substituted section 9(3)(a) which referred to children registered after one year. 70 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide