The Department of Home Affairs (DHA) has issued Circular No. 17 of 2024 to provide clarity and implement changes following the Constitutional Court judgment in Centre for Child Law v Director-General: DHA & Others [2021] ZACC 31.
This judgment invalidated section 10 of the Births and Deaths Registration Act, 1992, ensuring that unmarried fathers are treated the same as married fathers when registering the births of their children.
Key points:
- Unmarried fathers can register births: DHA must accept birth registration notices from unmarried fathers, even if the mother is not present.
- No impact of parental immigration status: A parent’s immigration status (e.g., undocumented or foreign national) cannot impede the registration process.
- Required documentation: Notices must comply with the Regulations on the Registration of Births and Deaths, 2014, including certified identity documents, fingerprints, and (if applicable) DNA
proof. - The judgment prioritizes the child’s rights in all birth registration matters.
- This change represents a significant step toward equality in parental rights and ensuring every child’s birth is properly registered (regardless of the status of the parents).
About time!
For more information / to schedule a consultation, feel free to contact our office at info@dsdlaw.co.za