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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Birth Registration
South Africa
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South Africa
Birth Registration
Universal Coverage and Definition
Universal Coverage and Definition
Universal Coverage and Definition
Is birth registration available and compulsory for all births occurring within the country's jurisdiction?
No
Recommended Practice based on International Guidelines
The law should provide that registration is available to, and compulsory for, all births occurring in every geographical area and for every population group in the country. Examples of possible discriminations are: sex; race ethnicity, religion or population group; marital status; nationality, citizenship, residency or refugee/asylum status; or any other characteristic such as prisoners or persons with disabilities
All births that occur in the country – including births to refugees, undocumented migrants, internally displaced persons, stateless persons, persons of undetermined nationality and members of nomadic peoples – must be registered in the civil registration system. Where necessary, legislation should include specific provisions to guarantee the registration of these populations regardless of whether the person has legal residency status.
Section 2 of the Births and Deaths Registration Act states that it applies "to all South African citizens, whether in the Republic or outside the Republic, including persons who are not South African citizens but who sojourn permanently or temporarily in the Republic, for whatever purpose." This provision suggests that birth registration is compulsory. However, the Births and Deaths Registration Regulations provide specific processes for birth registration for children born to citizens (Regulations 3, 4, 5), permanent residents and refugees (Regulation 7), and non-citizens (Regulation 8). The Regulations define "non-citizen" as a person who holds a valid temporary residence visa under the Immigration Act and includes an asylum seeker or refugee with a permit under the Refugee Act. This definition excluses all irregular migrants who do not possess a valid visa or permit to reside in South Africa, of which there are many. Further, Regulation 8 requires presentation of a valid visa or permit to reside in the country in order to register a birth. As a result irregular migrants are excluded from birth registration.
Is birth registration or reporting available for children born to citizens residing abroad?
Yes
Recommended Practice based on International Guidelines
When a child is born to parents who are residing outside their country of citizenship, the country in which the birth occurred has an obligation to register the birth and issue a birth certificate. While the home country of the parents will not issue a new birth certificate, there should be a process by which the parents report the birth to the parents’ home country. This is important for purposes of establishing citizenship and receiving a passport for the child. The law should provide a process for citizens temporarily residing abroad to report the birth of a child to the registrar (or the passport agency). This is usually facilitated by a country’s embassies and consulates.
The Births and Deaths Registration Act provides for registration of births occurring outside the Republic. Notice of birth of a child of a South African citizen parent born abroad may be given to the head of a South African diplomatic or consular mission, or to a district or regional office within the Republic. The South African Citizenship Act confirms that a child born outside the Republic to a South African citizen parent acquires citizenship by descent, provided the birth is registered. The abroad-birth provision is permissive rather than mandatory, in contrast with the mandatory obligation for births within the Republic.
Does the law provide a clear definition of live birth? If yes, does the definition accord with international guidelines?
Yes live birth is defined but does not accord with international guidelines
Recommended Practice based on International Guidelines
The provision of clear definitions in the law is an important tool to ensure the continuous and permanent recording of vital events in all areas. Live birth is defined as "The complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or any definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached."
The Births and Deaths Registration Act defines birth as the birth of a child born alive, which operationally distinguishes live birth from stillbirth. The Act does not include the specific elements recommended by the UN/WHO definition, namely complete expulsion or extraction from the mother irrespective of gestational duration, followed by breathing, heartbeat, umbilical pulsation, or definite movement of voluntary muscles. The definition is therefore functional but does not accord with international guidelines.
