- Father is unable to register the child due to the unaffordable DNA test.
- Department cites the Births and Deaths Registration Act and its guidelines.
- No financial assistance or alternative pathway was provided for indigent parents.
Dear Conviction,
I am writing to request assistance with registering the birth of my child and obtaining a birth certificate.
I recently visited the Department of Home Affairs to begin the registration process, but I was informed that a DNA test is required to confirm paternity. Unfortunately, I am currently unable to afford the cost of a DNA test, and this has created a significant barrier to securing my child’s legal documentation.
I am the biological father and am fully present and willing to take responsibility for my child. I have all my personal identification documents and am prepared to provide any additional affidavits or declarations required to support the registration.
I kindly request your guidance or support in finding an alternative solution that does not require a DNA test, in line with the constitutional right of every child to a birth certificate and legal identity.
Home Affairs responds
Thulani Mavuso, spokesperson for the Department of Home Affairs and Deputy Director General for Operations, says:
According to Section 7(1)(b) of the Births and Deaths Registration Act of 1992, “The Director-General may investigate or cause to be investigated any matter in respect of which particulars are to be used for the registration thereof in terms of section 5” (which deals with custody of records and registration of births and deaths).
The department has also issued a circular to guide its front offices on what such an investigation of particulars should entail. There are no measures in place to assist those who are unable to afford the prescribed fee for DNA testing.
Understanding the law on registering a birth
All children born in South Africa must be registered within 30 days of their birth in terms of the Births and Deaths Registration Act of 1992. A parent, guardian, or any other legally responsible person must complete Form BI-24 in black ink and submit it to the nearest Department of Home Affairs office. If the parents are overseas, the form can be submitted at the nearest South African embassy, mission, or consulate.
Once the birth is registered, the department issues an unabridged birth certificate free of charge, often within a day of the application. This document is vital for a child’s access to education, healthcare, and legal rights. Additional copies can be requested with Form BI-154 and payment of the prescribed fee. Children of foreign nationals born in South Africa also receive a free certificate upon registration.
Where a birth is not registered within 30 days, it is considered a “late registration of birth.” The process is divided into three categories: from 31 days to one year, from one year to seven years, and from seven years and above. Each stage requires additional documents such as affidavits, proof of birth, and biometric data, including fingerprints or ID photographs for older children.
The law also distinguishes between children born within wedlock and those born out of wedlock. Children of married parents can be registered under both parents’ surnames if both consent. For children born outside marriage, the default is registration under the mother’s surname, unless both parents appear before Home Affairs to acknowledge the father’s paternity and consent to the child taking his surname.
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