Stateless Transnational Migrant Children in South Africa In cases of children not born in recognized marriages, the BDRA allows children’s mothers to register the births of these children in situations only when the child’s father is documented. This, therefore, means that the children born of all undocumented mothers are undocumented and vulnerable to statelessness. Fathers need to acknowledge paternity and get the mother’s consent in order to be recorded as the father of the child and to pass on his nationality to the child where the child is born outside of wedlock. According to Van Waas (2007: 446), children do not gain individual citizenship, but rather they inherit their parents’ immigration status which results in them being referred to as ‘irregular migrants’ despite being born in South Africa. This is the case in countries such as Australia, where permanent illegality is facilitated from generation to generation. “An illegal person cannot produce a legal person”, was what Manuel E. Polanco said on the citizenship of Haitian children born in the Dominican Republic (cited in Bhabha, 2011:12) Communities in South Africa construct meanings of nationality, citizenship and rights. Children born to non-nationals at home are required to produce an affidavit from a South African citizen who witnessed the birth of the baby in order to get a birth certificate. Most non-nationals live in migrant communities and it may not always be possible to get a South African citizen to witness the birth. A further complicating factor is the sporadic xenophobic violence in various South African townships where some migrants live. Due to the sense of distrust for each other, migrant mothers giving birth at home might not call a South African to witness the birth. The BDRA requires the registration of children who are abandoned or orphaned and have not been registered before. Given the process that is required when recording an adoption in the South African birth register, it becomes a challenge for a child in South Africa without a birth certificate to be adopted. The BDRA also does not make specific provision for the re-registration of foreign adopted children, even though the Children’s Act requires it. In South Africa, in relation to foreign children, citizenship is acquired: i) By birth – if one of the child’s parents is a South African citizen, even in circumstances where the child is born outside of South Africa (Sec. 2(1)(b) of RSA Citizenship Act 88 of 1995) (RSA, 1995); if the child is born and registered in South Africa and would otherwise be stateless; or if the child’s parents are permanent residents (Sec. 2(3) of RSA Citizenship Act). The last is not automatic: an application is required, and it is nondiscretionary. In 2016, the judgment in the South African Supreme Court of Appeal, in DGLR and Another v Minister of Home Affairs and Others, affirmed the right of a stateless child born in South Africa to acquire nationality. ii) By descent through one’s parents – if the child is adopted by a South African citizen and their birth was registered (Sec. 3 of RSA Citizenship Act) (RSA, 1995). iii) By declaration – through birth registration and/or declaration of loyalty, 15