Following a recent court ruling, the Department of Home Affairs (DHA) has changed the registration process for children of mothers with pending South African visas.
The Centre for Child Law v Director-General: Department of Home Affairs case involved a foreign mother whose child was born in South Africa. The Department of Home Affairs refused to register the birth due to the mother’s undocumented status.
Constitutional Court Rules on Equal Rights for Children
The Constitutional Court ruled that section 10 of the Births and Deaths Registration Act, which treated children born out of wedlock differently, was unconstitutional. The Court found it violated equality and dignity rights and ordered the law be severed, ensuring that birth registration should not discriminate based on marital or immigration status.
Previously, children couldn’t be registered for passports or medical insurance if their mother’s visa was still under review, causing delays and leaving children without basic services.
Now, children can be registered, including obtaining a passport, even if the mother’s visa is still pending. This change ensures faster access to essential services for children, without waiting for the mother’s visa approval.
What This Means for Families:
- Faster Access to Services: Children can now get passports and medical benefits even if the mother’s visa is pending.
- No More Delays: Children won’t be left without an identity while waiting for the visa approval.
How Black Pen Immigration Can Help:
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For full details of the case ruling, click HERE.