What is birth registration and why is it important? Birth registration is the process of recording the birth of a child in an official government registry. The Department of Home Affairs is responsible for birth registration in South Africa. An official document known as a birth certificate gets issued as proof of registration upon completion of the process. Birth registration is a human right that enables children to secure other human rights such as; 1. 2. 3. the right to education - children without birth certificates get turned away from schools, not permitted to write examinations or denied examination results; the right to healthcare - children without birth certificates often struggle to access healthcare services, including vital vaccinations and immunisations; the right to social assistance - children without birth certificates cannot access child support grants, disability grants or other social relief packages; and the right to citizenship - a birth certificate does not confer citizenship, but it records details like place of birth and parentage that enable the child to claim citizenship either in their country of birth or any other country. Africa) to fulfil this right. Note: if the child has citizenship in another country that is not South Africa, that country may also issue a birth certificate recognising their citizenship, this can often be done through an embassy or consulate. However, this may not be an option if the child is a refugee or may have an asylum claim. What does a birth certificate look like? The birth certificate sets out the child’s legal name, date of birth and place of birth and the parent(s) names, date of birth, place of birth and citizenship. Prior to 2013, South Africa issued abridged or “short” birth certificates with only the child’s details and unabridged or “long” birth certificates, which included both the child’s and parent(s) details. Only unabridged birth certificates are issued now. SEE SA CITIZEN BIRTH CERTIFICATE AND HANDWRITTEN BIRTH CERTIFICATE FOR NON-SA CITIZEN ON PAGE 12 PICTURE 1 AND 2 Children without birth certificates may not be able to claim citizenship anywhere and could become stateless. Note: if the child is a South African citizen - they are issued a birth certificate with an ID number, and their details are entered into the National Population Register (See Sec 5(2) BDRA). If the child is a non-citizen, they are issued a handwritten birth certificate without an ID number, and their details are therefore not recorded in the National Population Register (See Sec 5(3) BDRA). The handwritten birth certificate is less secure considering that it cannot be re-issued if lost, damaged or destroyed. Who is entitled to birth registration in South Africa? Who must initiate the birth registration process (i.e., give notice of birth)? Section 28 of the Constitution of South Africa states that: Registration by parents: 4. “Every child has the right to a name and a nationality from birth.” This means, every child born in South Africa is entitled to birth registration regardless of whether their parents are South African citizens or not, and whether their parents are documented or not. The UN Convention on the Rights of the Child (UNCRC, Article 7) and the African Charter on the Rights and Welfare of the Child (ACRWC, Article 6) also recognise the right to birth registration for all children and oblige state parties (including South 14 | The Birth and Deaths Registration Act (BDRA) states that notice of birth must be given by both parents of the child where possible, although one parent is also fine. Registration by adoptive parents: If the child has been adopted and their birth has not been registered, then notice of birth must be given by the adoptive parents. However, if the child’s birth was registered prior to adoption, then the adoptive parents must apply to have the adoption recorded in the birth register.