TABLE A - AFFECTED PROVISIONS OF THE BIRTHS AND DEATHS REGISTRATION ACT 51 OF 1992
Text as amended between 1992 up until latest
Amendment Act 18 of 2010, which took effect
on 1 March 2014.
Section 10
Section 9(2)
Text with amendments / reading from court
judgments illustrated and highlighted in
yellow
Section 10 declared invalid and deleted in its
entirety by Constitutional Court in CCL v DG
Minister of Home Affairs)
Section 9(2) reference to section 10 deleted
10. Notice of birth of child born out of
10. Notice of birth of child born out of
wedlock.—(1) Notice of birth of a child born out wedlock.—(1) Notice of birth of a child born out
of wedlock shall be given—
of wedlock shall be given—
(a)
(a)
under the surname of the
mother; or
(b)
under the surname of the
mother; or
(b)
at the joint request of the
mother and of the person who in
the presence of the person to
whom the notice of birth was
given acknowledges himself in
writing to be the father of the
child and enters the prescribed
particulars regarding himself
upon the notice of birth, under
the surname of the person who
has so acknowledged.
at the joint request of the
mother and of the person who in
the presence of the person to
whom the notice of birth was
given acknowledges himself in
writing to be the father of the
child and enters the prescribed
particulars regarding himself
upon the notice of birth, under
the surname of the person who
has so acknowledged.
(2) Notwithstanding the provisions
of subsection (1), the notice of birth may be
given under the surname of the mother if the
person mentioned in subsection (1) (b), with the
consent of the mother, acknowledges himself in
writing to be the father of the child and enters
particulars regarding himself upon the notice of
birth.
(2) Notwithstanding the provisions
of subsection (1), the notice of birth may be
given under the surname of the mother if the
person mentioned in subsection (1) (b), with the
consent of the mother, acknowledges himself in
writing to be the father of the child and enters
particulars regarding himself upon the notice of
birth.
Section 9(2) Subject to the provisions of section
10, the notice of birth referred to in subsection
(1) of this section shall be given under the
surname of either the father or the mother of
the child concerned or the surnames of both
the father and mother joined together as a
double barrelled surname.
Section 9(2) Subject to the provisions of section
10, the notice of birth referred to in subsection
(1) of this section shall be given under the
surname of either the father or the mother of
the child concerned or the surnames of both
the father and mother joined together as a
double barrelled surname.
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