“My father looks after me, but he cannot register my birth” “ Vusi – Age 10 Annie – Age 3 10 year old Vusi was born out of wedlock and abandoned by his mother as an infant. His father, a South African citizen, is his sole care giver and has raised Vusi. Throughout the years and even with the support of the Department of Social Development, he has been unsuccessful in registering the birth of his son at the Department of Home Affairs. This is a cause for concern for Vuyo’s father as he fears for his son’s future in the event that anything should happen to him. It also saddens him that Vusi will be unable to access socio economic rights or be added as a dependent to the house registered in his father’s name without an identity document. Annie’s mother was a Lesotho citizen. She gave birth to Annie in South Africa, but gave her up for adoption shortly after birth. Annie was registered as a foreigner in South Africa. Annie was adopted by a South African mother and father. Once the adoption was legalised, the Department of Home Affairs refused to register her as a South African citizen and the child of her adoptive parents. Annie has a claim to South African citizenship, but the South African Citizenship Act requires birth registration before citizenship is effective. The BDRA only allows for a change of identity number once a child is adopted and does not specify the procedure for foreign adopted children who did not have a South African ID number before the adoption. Because Annie lost her improbable claim to Lesotho citizenship as a result of the adoption, she was stateless until her registration could be negotiated. Problem: According to regulation 12 of the Birth and Deaths Registration Act, children born out of wedlock are to be registered by their mothers. A father can only register such a child’s birth with the mother’s consent. Problem: The BDRA does not make specific provision for the re-registration of foreign adopted children even though the Children’s Act requires it. Solution: The BDRA should be amended to include specific procedures for the registration of foreign adopted children. The Committee has recommended that States Parties take measures in accordance with Article 7 CRC, to ensure birth registration and to facilitate applications for citizenship, so as to avoid statelessness in cases of foreign adoption. The Committee also recommends that a child is not left stateless or discriminated against during the waiting period between his or her arrival in the State party and formal adoption.9 Solution: The regulations should be amended to allow single fathers to register their children. This will prevent discrimination against children born out of wedlock and against single fathers who have parental responsibility. The Committee has recommended that States Parties guarantee that all children within the territory of state, including children born out of wedlock, refugee and stateless children are registered at birth.8 “I am happy and proud, because I have the same name as my sister” “