VICTOR AJ Introduction “Children are the soul of our society. If we fail them, then we have failed as a society.”1 [1] A surname connects us to our heritage and roots us in history and family tradition. In many African cultures, names not only connect a person to their immediate family, but also convey a spiritual connection to one’s broader community, clan, and ancestors. [2] Despite South Africa having one of the most progressive Constitutions in the world,2 which prescribes that a child’s best interests are of paramount importance,3 there remains a piece of legislation in which the registration of children born out of wedlock is classified as a separate category. Section 10 of the Births and Deaths Registration Act4 (Act) bears the heading “Notice of birth of child born out of wedlock” and provides for a bifurcated registration procedure between children born in and out of wedlock. [3] The interplay between sections 9 and 10 of the Act is foundational to the issues in this case. Section 9 of the Act, in relevant part, provides for notice to be given of a child born alive in the following circumstances: 1 SS v Presiding Officer, Children’s Court, Krugersdorp 2012 (6) SA 45 (GSJ) at para 1. 2 In an interview before her death, the late Justice Ruth Bader Ginsburg of the Supreme Court of the United States of America said on Egyptian TV, Egyptians, who were selecting a team to draft a new constitution, should not consider the United States of America’s iconic document, but instead the “great piece of work” completed in South Africa in 1996. See Staff Writer “Eighteen Years of the World’s Best Constitution” Brand South Africa (11 December 2014), available at https://www.brandsouthafrica.com/people-culture/history-heritage/eighteenyears-of-the-world-s-best-constitution. 3 Section 28 of the Constitution provides: “(1) Every child has the right— (a) to a name and a nationality from birth; ... (2) 4 A child’s best interests are of paramount importance in every matter concerning the child.” 51 of 1992. 3