Amending
the birth register of a child born out of wedlock (Re- registration)
Inserting
a forename or surname in a birth register of a person registered without a
forename or surname
Inserting
the biological father’s particulars in the birth register of a child born out
of wedlock
Altering
a forename
Altering
the surname of a minor
Assuming
a different surname
Changing
gender
Rectifying
the date of birth, gender or place of birth in the birth register
The Births and Deaths Registration Act, 1992 (Act No. 51 of
1992) read with the Identification
Act, 1997 (Act No. 68 of 1997) provides for the rectification,
amplification and amendment of the personal information of individuals as
contained in the National Population Register of South Africa (NPR).
The aforesaid
Births and Deaths Registration Act, 1992 provides for the following specific
amendments:
Re-registering
a child born out of wedlock
A child
registered as born out of wedlock, whose parents later marry after the birth
has been registered, may be re-registered as born within wedlock. Form BI-59 must be completed and submitted
with proof of the marriage to any Home Affairs domestic office. Both parents
must sign the said form in the presence of a Commissioner of Oaths.
Inserting
a forename or surname in a birth register of a person registered without a
forename or surname (Section 23 of the births and Deaths Registration Act,
1992)
Applications
for the insertion of a forename or surname, as the case may be, must be on a
duly completed Form BI-795.
Inserting
the biological father’s particulars in the birth register of a child born out
of wedlock
Both
parents must complete Form BI-1682 and
submit it to any domestic Home Affairs office.
If the
mother refuses her consent to the insertion, the father may apply to a High
Court for exemption of the mother’s consent.
Altering
a forename (Section 24 of births and Deaths Registration Act)
Form
BI-85 must be
completed in order to change a forename(s).
Tariffs
vary for majors and for persons who have not entered into a legal marriage or who
have not been declared as majors in terms of the Age of Majority Act.
Altering
the surname of a minor (section 25 of births and Deaths Registration Act)
You can
change the surname of a minor:
-
If a child
is born out of wedlock and the mother marries a person other than the child's biological
father and wishes to change the child’s surname to that of her husband.
- If a mother,
after her divorce from or the death of her husband (father of child), wishes to
change the child's surname to her maiden surname or to another surname she bore
legally; or if she has remarried, to the surname of her new husband.
- If a child
is born out of wedlock but registered under the biological father's surname and
the mother wishes to change the child's surname to hers
- If a minor
is under the care of a guardian and the guardian wishes to change the child's
surname to his/hers.
- Other
situations not mentioned above where a good and sufficient reason for the
change exists.
Applications
must be on a duly completed Form BI-193.
Requirements:
-
The
natural father's written consent, unless waived by a competent court, is a
statutory requirement in the case where the child was born in wedlock.
-
The
mother’s husband, whose surname the child is to assume, must also give his
written consent to the assumption.
- Both
the natural parents’ written consent is required as well as a good and
sufficient reason, in writing, for the change.
Assuming
a different surname (Section 26 of Births and Deaths Registration Act, 1992)
A woman may
assume her husband's surname, or revert to her maiden surname or a prior
surname she legally bore, and since 1997 a woman may also join her surname with
that of her husband's as a double-barreled surname.
No
application to the Department of Home Affairs is necessary in these instances,
but to enable the Department to update the Population Register, women should
notify the Department of such changes in writing.
Apart from
the aforesaid exclusions, no major may assume another surname unless such
change of surname has been approved by the Director-General of Home Affairs and
has been published in the Government Gazette. Applications in this regard may be lodged at any domestic
Home Affairs office or any South African
embassy, mission or consulate abroad.
Applications
must be on a duly completed Form BI-196 and a good and sufficient reason, in writing, for the change must be furnished.
Changing
gender
In terms of
section 27(A) read with the provisions of the Alteration
of Sex Description and Sex Status Act, 2003 (Act No.49 of 2003).
Applications
can be made by:
Persons
who have undergone a sex change operation or medical treatment resulting in their gender
reassignment. In such cases two
medical reports are required:
- one by
the medical practitioner who applied the procedure or medical treatment or by a
medical practitioner who has experience in such procedures or treatments, and
-
a
report by a second medical practitioner who has independently examined the
applicant
to established his/her gender.
Intersexed
persons
In this
category, the applicant must submit:
- a report by a medical
practitioner corroborating that the applicant is intersexed, as well as
- a report by qualified
psychologist or social worker corroborating that the applicant is living
and has lived stably and satisfactorily, for an unbroken period of at
least two years in the gender role corresponding to the sex description
under which he or she seeks to be registered
Applications
must be on Form BI-526 or a written
request, accompanied by the required medical reports
Rectifying
the date of birth, gender or place of birth in the birth register
Should any
information contained within a document issued by the Department of Home
Affairs be incorrect as a result of a departmental error, the error will be
corrected free of charge.
However, if
the mistake was on the part of the applicant, correction of the information
will have to be applied for by completing Form BI-526 and the prescribed fee must be paid. Submission of proof of the correct information is a
prerequisite in such instances
|