Citizenship Rights For Children Born In SA To Foreign Parents
South Africa is not a birthright citizenship country. Being born here does not automatically make your child a South African citizen.
The foundational rule is this: a child follows the citizenship of their parents. If your parents are Namibian, you are Namibian — regardless of where you were born. If your parents are Canadians, you are Canadian. Birth in South Africa is not the determining factor.
There are exceptions. And they matter enormously to the families caught in the gaps. This page explains every scenario clearly.
The Four Scenarios
Scenario 1: At Least One Parent Is a South African Citizen
Your child is a South African citizen by birth. This applies regardless of where the child was born and regardless of the other parent’s nationality.
See the Citizenship by Birth guide for full detail on this scenario.
Scenario 2: At Least One Parent Has Permanent Residence (Born in SA)
If your child was born in South Africa and at least one parent holds a valid South African permanent residence permit at the time of birth, your child qualifies for SA citizenship by birth — with one condition:
The child must live in South Africa continuously from birth until they turn 18.
If the family leaves South Africa permanently before the child turns 18, the entitlement falls away. If the child remains in SA, citizenship by birth is confirmed once they reach adulthood.
To formalise this, register the birth at DHA with Form DHA-24. The child will be issued an SA birth certificate and ID number reflecting their citizenship status.
Scenario 3: Both Parents Are Foreign Nationals Without Permanent Residence
This is the most common situation for children born to foreign workers, asylum seekers, refugees, visitors, and undocumented parents.
Your child does not acquire SA citizenship at birth. They carry your nationality — whatever it is. DHA will issue a Notice of Birth at the hospital, which records the birth but does not function as an unabridged birth certificate, does not carry an SA ID number, and does not confirm SA citizenship.
What the Notice of Birth can do:
- Serve as documentation of the birth event
- Be used for travel back to the parents’ country of origin for birth registration there
- Be used by documented refugees and asylum seekers to exit SA so the child can be registered in the parents’ country
What it cannot do:
- Confirm SA citizenship
- Be used as an identity document in SA
- Enable school registration, social grants, or medical insurance in SA (in most cases)
The path to SA citizenship for these children: Your child may apply for SA citizenship by birth on reaching the age of majority (18), provided:
- They were born in South Africa
- Their birth was registered in SA
- They have lived in South Africa continuously from birth to age 18
This provision comes from Section 4(3) of the SA Citizenship Amendment Act 17 of 2010, which came into operation on 1 January 2013. Applications are submitted to DHA on affidavit — the Minister has been ordered by the courts to accept affidavit-based applications while formal regulations remain outstanding.
Scenario 4: Child Has No Nationality (Stateless)
A child born in South Africa who has no right to any other country’s citizenship qualifies for SA citizenship by birth under Section 2(2) of the Citizenship Act — provided their birth is registered in SA.
This is the anti-statelessness provision. It is narrow and often contested. DHA may require verification that the child genuinely has no claim to any other nationality. Cases involving undocumented parents from countries that do pass citizenship automatically to children born abroad are particularly complex.
If your child may qualify under this provision, register the birth at DHA and, if DHA declines, seek legal advice. Organisations such as the Centre for Child Law and Lawyers for Human Rights have litigated successfully on behalf of children in this situation.
Birth Registration — What You Must Do
Regardless of your child’s citizenship outcome, you must register the birth. This is a legal requirement and it protects your child’s rights.
For documented foreign nationals (valid visa, work permit, or permanent residence):
- Go to your nearest DHA office with hospital records, your valid passport and visa, and Form DHA-24
- DHA will issue either an unabridged birth certificate (if the child qualifies for SA citizenship) or a Notice of Birth (if not)
For asylum seekers and refugees:
- UNHCR-recognised asylum seekers and refugees can register the birth at DHA
- A Notice of Birth will be issued
- Children of registered asylum seekers can use this to travel to the parents’ country of origin for registration there
For undocumented parents:
- DHA is legally required to register the birth even if parents are undocumented — a Constitutional Court ruling confirmed that birth registration cannot be refused based on the mother’s immigration status
- However, in practice many DHA offices have refused to issue unabridged birth certificates to children of undocumented parents, issuing only a Notice of Birth
- If DHA refuses to issue an unabridged birth certificate, seek legal assistance. The Centre for Child Law (centreforchildlaw.co.za) can advise.
Turning 18 — Applying for SA Citizenship
If your child was born in South Africa to two foreign national parents without permanent residence, and they have lived here continuously since birth, they can apply for SA citizenship by birth when they turn 18.
Requirements:
- Born in South Africa
- Birth registered in terms of the Births and Deaths Registration Act 1992
- Continuous residence in South Africa from birth to the date of the application (date of attaining majority)
How to apply: Submit an affidavit-based application to your nearest DHA live capture office. The application must establish:
- The facts of the child’s birth in SA
- Continuous residence in SA from birth to age 18
- Identity of both parents and their nationality at the time of birth
Supporting documents will include the birth certificate or Notice of Birth, proof of school attendance over the years, proof of address, and the parents’ identity documents.
Note: DHA has been slow to publish formal regulations for this process. Courts have ordered the Minister to accept applications by affidavit. If a DHA office refuses to accept the application, seek legal advice.
The Notice of Birth — What It Is and What It Isn’t
When a foreign child is born in South Africa, the hospital issues a Notice of Birth. This is often confused with a birth certificate. They are not the same.
| Notice of Birth | Unabridged Birth Certificate | |
|---|---|---|
| Issued by | Hospital | Department of Home Affairs |
| Contains SA ID number | No | Yes (if citizenship confirmed) |
| Confirms SA citizenship | No | Yes (if applicable) |
| Valid for school registration in SA | No | Yes |
| Valid for SA passport application | No | Yes |
| Can be used to travel abroad | Only to exit for birth registration | Yes |
If your child has only a Notice of Birth and you have been living in SA long-term, take this document to your nearest DHA office and ask about your child’s status and what steps are available.
Practical Difficulties
This area of law is genuinely contested and administratively difficult. The courts have consistently found that DHA’s implementation falls short of what the law and the Constitution require for children’s rights. Key issues that have come before the courts:
- DHA refusing to issue unabridged birth certificates to children of undocumented parents
- DHA refusing to process citizenship applications from 18-year-olds born in SA who have lived here their whole lives
- Children unable to access schools, social grants, or healthcare because they lack SA documents
If you are experiencing any of these problems, the following organisations can assist:
- Centre for Child Law — centreforchildlaw.co.za
- Lawyers for Human Rights — lhr.org.za
- Scalabrini Centre of Cape Town — scalabrini.org.za
Frequently Asked Questions
My child was born in SA 12 years ago. We are both foreign nationals. They have never been registered anywhere. What do we do? Register the birth at your nearest DHA office as soon as possible. Bring hospital birth records (or any proof of birth in SA), your identity documents, and your visa or permit. DHA will issue documentation based on your status. If you are undocumented and DHA refuses to register the birth, contact Lawyers for Human Rights or the Centre for Child Law for assistance.
We have permanent residence. Our child was born in SA but we are now considering moving abroad. What happens to their citizenship entitlement? If you move abroad permanently before your child turns 18, they lose the entitlement to SA citizenship under the permanent residence pathway. The continuous residence condition from birth to age 18 is a hard requirement. If there is any possibility you will remain in SA until your child’s 18th birthday, it is worth registering the birth correctly and ensuring the child’s SA documentation is in order before any move.
My child was born in SA to asylum-seeker parents and is now 16. Will they be able to apply for citizenship at 18? Potentially yes, under Section 4(3) if they have lived in SA continuously from birth. The fact that their parents were asylum seekers does not automatically bar them from this pathway. Apply at DHA at age 18 with an affidavit setting out the facts. Legal assistance is strongly recommended given the complexity and DHA’s administrative inconsistency in processing these applications.
Can my child born in SA to foreign parents get a South African passport before they turn 18? Only if they are a confirmed SA citizen — for example, if one parent has permanent residence and the child has been registered as an SA citizen. A child who holds only a Notice of Birth and is not yet confirmed as an SA citizen cannot obtain an SA passport. They travel on the passport of their parents’ country.
Contact and Assistance
| DHA Contact Centre | 0800 60 11 90 |
| DHA Email | hacc@dha.gov.za |
| Centre for Child Law | centreforchildlaw.co.za |
| Lawyers for Human Rights | lhr.org.za |
| Scalabrini Centre | scalabrini.org.za |
Related Guides
- Citizenship by Birth
- Citizenship for Adopted Children
- Citizenship by Naturalisation
- Determination of Citizenship Status