New South African laws for travelling with children

New regulations regarding minors journeying to and from SA set to come into effect in June 2015

The Department of Home Affairs (DHA) has confirmed that new laws impacting both local and international families looking to travel with children to or from South Africa for brief periods will come into effect in June 2015. These legal amendments are part of a broader immigration regulation overhaul initiated by the DHA on 26 May 2014.

Specifically, the pending legislation in question states that parents or guardians moving into or out of the country with children under the age of 18 years must be able to present an official unabridged birth certificate (or certified copy thereof) for each child alongside passports and travel documents (see all requirements below). Though this law was meant to come into operation on 1 July 2014, implementation was postponed until 1 October 2014, and has now been delayed again until 1 June 2015 due to complaints from the public, who argue that the changes will negatively impact their already confirmed holiday plans and will make travelling difficult in general in the future.

Despite the uproar though, the amendments to the current legislation on travelling with minors are, in fact, meant to enhance the safety of little ones journeying across our borders. With child trafficking, kidnapping and illegal adoption all still major issues in SA, the thinking is that stricter requirements for moving under-18s back and forth will reduce the risk of youngsters falling prey to those with bad intentions.

New South African laws for travelling with children

  1. Parents travelling with a child must present an official unabridged birth certificate for the minor that includes the particulars of both the mother and father (this is alongside the child’s passport and flight ticket).
  2. If only one parent is moving across the SA border with a child, he or she must present the youngster’s unabridged birth certificate as well as:
  • a) an affidavit from the other parent stating that the child is allowed to travel with the first parent,
  • b) if divorced or separated, a court order showing that he or she has been granted full parental responsibilities and rights for the child or
  • c) if widowed, the death certificate of the other parent.
  1. If a person is travelling with a minor who is not their own biological offspring, they must produce a copy of the child’s unabridged birth certificate as well as:
  • a) a written statement from both parents or the legal guardian(s) of the child granting the person permission to travel with their minor AND copies of the IDs/passports of both parents/legal guardian(s) AND the contact details of the parents/legal guardian(s) or
  • b) if the person in question is the legal guardian of the child, a court ordering proving legal guardianship.
  1. If a minor is travelling unaccompanied, they must produce:
  • a) an affidavit from both parents/the legal guardian(s) stating that the child has permission to travel,
  • b) the contact details of the parents/guardians,
  • c) a letter from the person who will collect the child on the other side, with address and contact details included AND
  • d) a copy of the ID/passport and visa of the person who will collect the minor on arrival.
  • *e) if only one parent signs an affidavit granting the child permission to travel, the minor must also produce a copy of a court order showing that that parent has been granted full parental responsibilities and rights for the child.

Applying for an unabridged birth certificate outside of South Africa

Foreigners should note that an unabridged birth certificate is simply a legal birth certificate that details the particulars of the parents. If a child’s birth certificate already does this, there is no need to apply for a new one. What’s more, if the minor’s passport lists these particulars, this is also acceptable.

Important contacts:

• Department of Home Affairs website – www.dha.gov.za

• Department of Home Affairs toll free hotline: 0800 60 11 90

Please note that the information on this page is intended as an informal guide to assist people with new South African immigration laws. Please consult the Department of Home Affairs website for full and updated information.

Source: Traverze Travel Newsletter

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