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Birth Registration
South Africa
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South Africa
Birth Registration
Declaration and Notification
Declaration and Notification
Informants
Who is designated as the primary informant for births occurring in health facilities?
Either parent
Recommended Practice based on International Guidelines
The informant is the person who reports to the local registrar the occurrence of a vital event within the prescribed time limit. The law should establish, clearly and unequivocally, one person primarily responsible for providing the information needed for birth registration to the civil registrar. The head of the health facility should be the primary informant for live births occurring in a health facility. Alternative informants, in order of priority, are: mother, father, nearest relative of the mother, any adult having knowledge of the facts. Additionally, the legislation should explicitly state what type of facility is considered a “health facility” for purposes of being an informant.
For purposes of the informant, the law does not distinguish between births in health facilities and births outside health facilities. In all cases, the primary informant is any one of the parents. The 2014 Regulations require that, where possible, both parents give notice on the prescribed form. No provision assigns a notification or informant role to health facilities, hospital administrators, or medical practitioners. The health facility's role is limited to issuing a proof of birth form attested to by a medical practitioner, which serves as supporting evidence for the parents' notice. If both parents are deceased, prescribed persons may give notice.
Who is designated the primary informant for births occurring outside health facilities?
Either parent
Recommended Practice based on International Guidelines
It is recommended that the law establish clearly and unequivocally one person primarily responsible for providing the information needed for the registration to the civil registrar. If a live birth occurs outside a health facility, the birth attendant (such as a midwife, nurse, doctor or other medical professional), should be the primary informant designated by law. However, the law may designate alternative informants and establish the order in which each of them must assume his or her responsibilities. Alternative informants, in order of priority, are: mother, father, nearest relative of the mother, any adult having knowledge of the facts.
For purposes of the informant, the law does not distinguish between births in health facilities and births outside health facilities. In all cases, the primary informant is any one of the parents, or prescribed persons if the parents are deceased. The 2014 Regulations require that, where possible, both parents give notice on the prescribed form. The evidentiary requirement differs: an affidavit attested to by a South African citizen who witnessed the birth replaces the health facility proof of birth form. No provision designates a birth attendant, traditional birth attendant, or other person as an informant for out-of-facility births.
What is the role of the health sector in birth registration for births occurring in health facilities?
Issuing of evidence of birth
Recommended Practice based on International Guidelines
For births occurring in health facilities, the most effective approach is to designate the head of the institution (or designee) as informant. Some countries follow a two-step process, in which the health sector notifies the registrar of the birth (providing some, but no all, needed information), but he parents must still declare the birth to the registrar in order for the birth to be registered. This two-step approach is considered less effective in ensuring high registration rates. In some countries, the health sector is neither informant nor notifier, but instead simply issues a document to the parent(s) that serves as proof of the birth. The health sectors limited role in this third option is not recommended practice. Finally in some countries, specified health staff may be designated as registrars or assigned some registrar functions, which helps bring registration closer to the people.
The health sector plays an evidentiary support role in birth registration for in-facility births but not an informant or notifier role. The medical practitioner who attended the birth or examined the mother or child attests to a proof of birth form, which is a supporting document that parents must present when giving notice. No provision assigns any notification, informant, or registration role to health facilities, hospital administrators, or heads of health institutions.
Law Source
GNR R.128 of 2014
Regulation 3(3)(a), Regulation 7(1), Regulation 8(3)(a)
What is the role of the health sector in birth registration for births occurring outside health facilities?
No role
Recommended Practice based on International Guidelines
For births that occur outside a health facility, the most effective approach is to designate the birth attendant - e.g., doctor, nurse, or midwife - as the informant. For births occurring outside a health facility without a birth attendant, an effective approach is to designate community health workers (including vaccination workers, nurses, doctors and other health professionals who see newborns for paediatric visits) as informants to register the birth of children that are unregistered and visited by them. Alternatively, some countries follow a two-step process, wherein the healthcare workers notify the birth to the civil registrar; however, the parent or other informant must still declare the birth to the civil registrar in order to register the birth.
For births occurring outside health facilities, the health sector plays no formal role in birth registration. No provision assigns any notification, informant, or supporting role to health workers for out-of-facility births. The evidentiary requirement is an affidavit by a South African citizen who witnessed the birth, and this witness need not be a health professional.
GNR R.128 of 2014
Regulation 3(3)(b), Regulation 7(1), Regulation 8(3)(b)
Role of Local Leaders and Other Institutions
Does the law provide a process for the registration of births occurring in prison or other detention facility?
No
Recommended Practice based on International Guidelines
For births in custody, it is recommended that the law assign responsibility to a specified person, such as head of detention facility or head of health services within detention facility, to notify the civil registrar of such births.
No provision in the Births and Deaths Registration Act or the 2014 Regulations specifically addresses births occurring in prisons or detention facilities. The general registration obligation applies to any child born alive within the Republic, so births in detention facilities are covered by the general provisions. No specific process or responsible person within the detention facility is designated for birth registration. The Correctional Services Act addresses deaths in correctional centres but contains no provision regarding births.
What role do local leaders or local authorities have in the registration process for births that occur in the community?
Recommended Practice based on International Guidelines
For births occurring outside a health facility, local leaders or local authorities may have a role in providing parents with proof of the event (such as a birth notification), notifying the birth to the local registrar, or acting as the informant. It can be good practice to Integrate civil registration functions with the duties and responsibilities of established local authorities who have close direct links to communities
No provision in the Births and Deaths Registration Act or the 2014 Regulations assigns a role to local leaders, traditional authorities, or community-level officials in the birth registration process. The sole statutory informant for births is the parent. The law does assign a specific role to social workers in respect of abandoned and orphaned children, who must give notice of birth after an enquiry under the Children's Act.
