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Registering a British adoption in South Africa - how to do this??(3 Posts)
Hi. I had a most frustrating 2+ hours at the South African Consulate in London this morning. DH and I went to register our 2 year old adopted son's birth and apply for his South African birth cert and passport (have to go in person with the child). I was told that first the adoption had to be registered in South Africa with the Department of Social Development before I could register his birth etc! This is the first I've ever heard about this.
Has anyone been in the same situation. Is this an actual requirement or an over officious Home Affairs Official who didn't understand. If this is a requirement does anyone know how to go about registering the adoption? What is your advice?
What does "adopted by a South African citizen in terms of the Children’s Act, 2005" mean?
Bit of background - DH & I are dual British / South African nationals having been born in South Africa but naturalised as British Citizens. Our DS is British and the adoption was through the British Courts. He has a British birth cert and passport - absolutely no problem there! I think DS is entitled to SA citizenship as it says on the website for SA Home Affairs re citizenship:
"Citizenship by descent: if you were born outside of South Africa to a South African citizen(s) or were adopted by a South African citizen in terms of the Children’s Act, 2005 and your birth was registered in accordance with the births and Deaths Registration Act,1992, you can apply for citizenship by descent by submitting the following documents:
* Form DHA-24, to register your birth in terms of the Births and Deaths Registration Act,1992 In the event you were born out of wedlock both parents must sign the birth registration Form BI-24 to confirm paternity
* Forms DHA-529 (completed by yourself and your South African parents)
* Your foreign, unabridged birth certificate
* Yours and your parents’ marriage certificate (if applicable) and copies thereof
* If 15 years and older, an application for an identity document (DHA-9) with two identity document photographs that comply with the Passport and ID Photograph Specifications
* Proof of your South African parent(s)’ foreign citizenship (if they have acquired such) and a copies thereof
* Proof of identity of your South African parent(s)
* If you were adopted by a South African citizen, submit a copy of the adoption order"
Haven't done this (but am doing it the other way round! so know all too much of the Children's Act ). SA and the UK are both Hague Convention countries, so recognise each others legal adoptions. Whether you were given the right info I have no idea - and I suspect the official you spoke to may not either. However, if that's what they THINK is needed they will probably stick to their guns...
You could try contacting Arise (http://arisecapetown.org.za/) - they are working with/putting pressure on the national Dept of Home Affairs to clarify what adoptive parents here need to do to get birth certs etc as every branch seems to do things differently and cause all sorts of problems. The Minister recently agreed to follow up individual cases that were brought to them by Arise, through their campaign. So they are most likely to know a) what the law says and b) how to get officials to actually follow what the law says (which, if you're South African, you will know is not the same thing...)
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