Additional conditions for children born outside of hospitals 39. In the event that a child is born outside a health care institution, Regulation 3(3) of the BDRA (for children born in South Africa) and Regulation 11 (for the children of South Africans born abroad) require the birth of such child to be confirmed by an affidavit by a South Africa citizen present at the time of the birth. This provision excludes children born under these conditions in the absence of a South African citizen. 40. The Committee is urged to ask South Africa why it imposes such a stringent requirement for birth registration for children born outside a health care institution, and to elaborate on how such a requirement, which may exclude children from birth registration can be compliant with the principle of the best interests of the child. Children born out of wedlock 41. Section 10 and regulation 12 of the BDRA make provision for children born out of wedlock. Accordingly, it is the mother who must register the child. A father can only register such a child’s birth, with the mother’s consent. This is contrary to section 9 of the BDRA which states that either parent may register the birth of a child. It is also impossible under the BDRA for a child to have his or her father’s details included in their birth certificate, without his consent. Even when DNA results are available, the father is required to be physically present and sign to admit paternity. Consequently, paternal orphans born out of wedlock can never access their father’s nationality. It is unnecessary and discriminatory to distinguish between children born within and out of wedlock, when such distinction – as in this case – disadvantages extra-marital children. Furthermore, the child’s right to an identity includes the right to know his or her parents, which can be undermined by these restrictive provisions, which also can cause the non-registration of the child’s birth and resultantly, undermine their access to South African nationality. 42. Finally, children born out of wedlock who wish to add their father’s particulars to their birth certificate (with their consent) are required to provide a costly DNA test (R1,800) to prove paternity of foreign fathers. This amounts to the multiple discrimination against children born out of wedlock to foreign fathers. 43. The Committee is urged to ask South Africa why it distinguishes between and disadvantages children born out of wedlock, particularly when their fathers are foreigners? Foundlings 44. It is only foundlings whose births have been registered in South Africa according to Section 12 of the BDRA, who would have access to nationality through Section 2(2) of the Citizenship Act (see above). The procedure requires a social worker to register a child’s birth, if such child is orphaned or abandoned. The Department is however reluctant to register foundlings who are not infants. The Birth and Deaths Registration Act in its new regulations also aims to exclude perceived foreigners. It states that if the orphan or abandoned child is clearly a foreigner he or she must be registered as a foreigner. This bars the child from accessing South African citizenship indirectly. 45. In this context, the Committee is urged to ask South Africa if it has considered applying Section 12 of the BDRA to foundlings of all ages, and not only to infants. The Committee is also urged to ask South Africa why the new regulations to the BDRA exclude foundlings who appear to be the children of non-South African parents. Lack of legislation to protect vulnerable children 46. South African and foreign children in South Africa who are orphans, abandoned children, unaccompanied minors, separated children and members of child headed households are considered to be vulnerable children under the law. In most cases these children are unable to meet the 8