How Adopted Children Can Get South African Citizenship
A child adopted by a South African citizen qualifies for South African citizenship. The principle is straightforward: in law, an adopted child becomes the child of their adoptive parents, and the same citizenship rules that apply to biological children apply to them.
But two things must be true before citizenship can be registered:
- The adoption must be legally complete — confirmed by a court order under the Children’s Act
- The child’s birth must be registered with the Department of Home Affairs
Citizenship is not automatic on adoption. It is not applied for; it is registered. Until the birth is registered with DHA, no SA ID number exists, no passport can be issued, and no citizenship document is in place.
Citizenship by Birth vs Citizenship by Descent
The category of citizenship your child receives depends on where they were born.
Born in South Africa — Citizenship by Birth
A child born in South Africa and adopted by a South African citizen (with at least one adoptive parent being a SA citizen) qualifies for citizenship by birth. The child’s birth must be registered with DHA.
Born outside South Africa — Citizenship by Descent
A foreign child adopted by a South African citizen qualifies for citizenship by descent. The birth must be registered with DHA — either at a DHA office in South Africa or at the nearest SA mission abroad.
The category (birth vs descent) is how DHA records the citizenship on the child’s documents. For practical purposes both provide the same rights, but the classification matters for DHA’s records.
The Adoption Must Be Legal
This is the critical requirement. A child adopted through informal or customary arrangements — without a court order — does not qualify for SA citizenship through adoption.
The adoption must be completed in terms of the Children’s Act 38 of 2005. This means:
- A court of competent jurisdiction must have issued an adoption order
- The adoption order must name the SA citizen as the adoptive parent
- The adoption must be legally recognised in the country where it took place (for intercountry adoptions)
For intercountry adoptions (adopting a child from another country), South Africa is a signatory to the Hague Convention on Intercountry Adoption. The adoption process must comply with both the SA Children’s Act and the laws of the child’s country of origin. The Central Authority for intercountry adoption in South Africa sits with the Director-General of the Department of Social Development.
An informal arrangement, a guardianship, or a customary adoption is not sufficient. If the adoption has not been formalised by court order, citizenship cannot be registered on that basis.
How to Register — Documents Required
Submit at your nearest DHA live capture office in South Africa, or at the nearest SA mission or consulate abroad.
For all adopted children:
- Form DHA-24 — birth registration form. The SA citizen adoptive parent endorses the form.
- Form DHA-529 — Determination of Citizenship Status. Required for both the child and the adoptive parent(s).
- Court adoption order — the original or certified copy of the judicial adoption order
- The adoptive SA parent’s proof of citizenship — SA birth certificate, SA ID document, or valid SA passport (original and certified copy)
- Marriage certificate of the adoptive parents, if applicable (original and certified copy)
If the child was born outside South Africa:
- Foreign birth certificate — original or notarised copy. If not in English, a certified translation is required.
- Proof of adoptive parent’s foreign citizenship if they hold dual citizenship
If the child is 15 or older:
- Form DHA-9 — application for an SA identity document
- Two ID photographs complying with DHA specifications (not required at live capture offices — captured digitally)
Intercountry Adoption — Additional Considerations
If you adopted a child from another country, there are additional steps:
1. Ensure the foreign adoption is recognised in South Africa
The adoption must be recognised under both SA law and the law of the child’s country of origin. The Department of Social Development handles accreditation of intercountry adoption processes. If there is any question about whether the adoption is legally valid in South Africa, confirm this with the Department of Social Development before approaching DHA.
2. Register through an SA mission if still abroad
If you have not yet returned to South Africa, submit the birth registration at the nearest SA embassy, high commission, or consulate. The mission will forward the application to DHA Head Office in Pretoria. Processing typically takes 4–12 weeks.
3. The child may hold dual citizenship
South Africa does not require an adopted foreign child to give up their original citizenship. The child acquires SA citizenship by descent while potentially retaining their citizenship of origin, depending on that country’s laws. Both citizenships can coexist.
If the Adoptive Parent Later Loses SA Citizenship
A child who acquired SA citizenship through adoption may lose that citizenship if the adoptive parent responsible for them loses their SA citizenship in certain circumstances.
If this happens, the child — once they reach the age of majority (18) — may apply for resumption of SA citizenship, provided they reside in South Africa or demonstrate an intention to reside here. See the Resumption of SA Citizenship guide for full detail.
After Registration — Next Steps
Once the birth is registered and citizenship confirmed:
Smart ID: The child can apply for a South African Smart ID at age 16. Apply at any DHA live capture office. Fee: R140. See the Smart ID application guide.
Passport: Apply at any DHA live capture office. Parental consent from both adoptive parents is required for children under 18 — either both present at the DHA office, or by sworn affidavit if one cannot attend. See the passport application guide.
Frequently Asked Questions
We adopted a child informally through a family arrangement. Does she qualify for SA citizenship? Not on the basis of that adoption alone. SA law requires a court order under the Children’s Act. You will need to formalise the adoption through the court system first. Contact a family law attorney for guidance on regularising the adoption.
We are SA citizens living abroad. We adopted a child from another country. How do we register the citizenship? Register the birth at your nearest SA mission (embassy or high commission). Submit Form DHA-24, the adoption order, the child’s foreign birth certificate, and your proof of SA citizenship. The mission forwards the application to DHA Pretoria. Processing typically takes 4–12 weeks. Once registered, the child can apply for an SA passport through the mission.
My adopted child is now 20. We adopted him at age 10 but never registered the citizenship. Is it too late? It should not be too late. There is no published age ceiling on applying for citizenship through adoption under SA law, provided the adoption itself was legally completed before age 18. Submit the application to DHA with all supporting documents including the original adoption order. A Determination of Citizenship (Form DHA-529) will be required as part of the process.
The child’s country of origin does not recognise our adoption. Can we still register SA citizenship? This is complex territory. If the adoption is legally valid under SA law (confirmed by a SA court order), DHA may still be able to register citizenship. However, if the child’s country of origin does not recognise the adoption, there may be complications around the child’s existing foreign citizenship and travel documents. Consult a family law or immigration attorney, and contact the Department of Social Development for guidance.
Does our adopted child’s SA citizenship expire or need renewing? No. SA citizenship by descent, once registered and confirmed, does not expire. The identity documents (Smart ID, passport) have their own validity periods and need to be renewed, but the citizenship itself is permanent unless actively renounced or legally revoked.
Contact Details
| DHA Contact Centre | 0800 60 11 90 |
| DHA Email | hacc@dha.gov.za |
| DHA Application Portal | services.dha.gov.za |
| Dept of Social Development | www.dsd.gov.za |
Related Guides
- Citizenship by Birth
- Citizenship by Descent
- Resumption of SA Citizenship
- Determination of Citizenship Status
- How to Apply for a Smart ID
- How to Apply for a South African Passport