Hundreds of children in South Africa are not having their births registered, simply because their parents are unmarried and the department of home affairs does not recognise the complexities surrounding these cases
This perpetuates the notion that this group of children do not have the same inherent worth as others born within wedlock, says the Centre for Child Law at the University of Pretoria.
In 2018, the centre obtained an order in the Grahamstown High Court which declared that regulation 12, promulgated under the act, was unconstitutional. However, the court did not declare section 10 of the act unconstitutional, which the centre had also sought. Section 10 states that the child of unmarried parents will have the surname of the mother. It makes no provision for the child to have their father’s surname or for him to be recorded as the father on the birth certificate without the mother’s involvement.
Some mothers had also been unwilling, or unable, to attend to the registration process at the department.
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