Our staff is undertaking analysis for this metric. Please check back later.
Disclaimer / Limitations
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
Responsive Image
South Africa
Birth Registration
Specific Situations
Specific Situations
Foundling
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
All births should be registered, including those of a foundling (a child who has been abandoned and whose parents are unknown.) Generally, the person or the head of the institution that assumes custody of the infant should be responsible for notifying the registrar of the birth. The person reporting the birth should provide: date and place of finding, sex, approximate birth date of child, name and address of person/institution reporting finding, name given to the child by the custodian of the child, and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal
The Births and Deaths Registration Act provides a specific registration pathway for abandoned and orphaned children. Notice of birth of an abandoned child must be given by the social worker concerned after an enquiry under the Children's Act. The social worker must give a name or surname to the child if one has not been given.
Does the law clearly state the process for amending birth registrations in adoption cases?
Yes
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending the birth registration record in the case of adoption. Country laws vary regarding the legal requirements and arrangements for adoption. Many jurisdictions require that adoptions be kept confidential. Courts should be required to transmit adoption orders to the civil registrar.
If a child is adopted from a foreign country, most countries have a process by which the adoptive parents may apply for a domestic birth certificate.
The Births and Deaths Registration Act provides for recording adoption in the birth register upon application by the adopting parents, accompanied by supporting documents required under the Children's Act, which include the adoption order, the birth certificate of the child, the registration form, and any prescribed fee.
Does the law provide for a third sex marker option or a sex-neutral marker at birth registration?
No, the law only provides for registration of sex as male or female
Recommended Practice based on International Guidelines
Issuing a birth certificate with an assigned male or female sex at birth can have a profound impact on the rights of intersex people. UN guidelines recommend that States consider allowing a sex-neutral option at birth registration such as "intersex", "unclear", "unknown" or "other", alongside "Male" and "Female". Some states have considered removing sex markers from birth certificates.
The Births and Deaths Registration Act does not provide for a third sex marker option or a sex-neutral marker at birth registration. The prescribed birth notification form requires recording of the child's sex. No provision addresses how intersex children's sex is to be recorded at birth registration. The Act provides for post-registration alteration of sex description under the Alteration of Sex Description and Sex Status Act, but this does not address initial recording for intersex infants.
If surrogacy is legal, is there a defined process to register the internationally recommended data for surrogate births?
Yes
Recommended Practice based on International Guidelines
The notification and registration of the birth should be as complete as possible including in States which permit surrogacy arrangements or [States of destination] which subsequently register the child in their national registries. Identifying information should include date and place of birth, the surrogate mother, intending parent(s) and information relating to persons providing human reproductive material if any. Medical clinics, providers and/or registries of human reproductive material should make all identifying information available to national registries.
There are two general processes for surrogacy. 1) the original birth registration record has the names of the intended parents (no amendment required). 2) the birth is registered under the name of the surrogate (gestational) mother, and then the birth registration record is amended, based on a court surrogacy decree, to have the names of the intended parents included.
Surrogacy is legal in South Africa under the Children's Act. No provision in the Births and Deaths Registration Act or the 2014 Regulations specifically addresses the registration of births arising from surrogacy arrangements.
