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South Africa Announces Major Changes to Laws Governing Travel With ChildrenMay 26, 2015 By: Newswire
South African immigration authorities have announced major changes to the laws governing travel with children aimed at combating "an unacceptably high volume of child trafficking over the country's borders."
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Cape Town Tourism has created a summary to assist travelers.
When do the new laws come into effect?
June 1, 2015
Who does this affect?
Anyone wanting to travel from or to South Africa with a child under the age of 18 years, parents who are traveling with their child but not their spouse and those who wish to send their child on a trip accompanied by someone other than a parent or unaccompanied. It does not affect those traveling within South Africa (i.e. you only need these documents if you cross South Africa’s borders by land, sea or air.
What will we need?
All children under the age of 18 leaving and entering South Africa will be required to have an unabridged birth certificate to accompany their passport – along with the relevant visa if required.
Various additional documents are required in various instances as outlined below.
Note that all documents must be dated within four months of the date of departure or entry. All documents must be original or certified as a copy of an original by a commissioner of oaths or equivalent authority.
What is an Unabridged Birth Certificate?
It’s a birth certificate that reflects the particulars of both parents of the child.
All children born in South Africa after 14 March 2013 were issued with a valid unabridged birth certificate automatically and free of charge.
Everyone born before that, and those from countries who do not automatically issue unabridged certificates, must apply for the document well before their travel date.
Do I need an unabridged birth certificate to travel around within South Africa?
No, but it will be required at all border controls by land, sea and air.
What about birth certificates that are not in English?
Should the birth certificate be in any language other than English, it must be translated into English in a sworn document by an authority in the country of origin. All supporting documents need to be original and duplicates must be certified.
There is no such thing as an unabridged birth certificate in our country, what must we do?
In the case of countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
My child is adopted, so our names are not on her birth certificate, what should I do?
The parents of adopted children should produce proof of adoption by means of an adoption certificate.
I am traveling with my child but not my spouse, do I need anything else?
If the child is traveling with only one of their parents, the traveler parent will be required to provide a passport and unabridged birth certificate (with particulars of the parents), as well as an affidavit from the non-traveling parent giving express permission for the child to travel with the other parent. The parent will also be required to produce a court order giving the accompanying parent full parental responsibility.
Legally separated parents should provide a court order when the other parent does not give consent.
I am a single parent, what do I need?
If the child’s unabridged birth certificate only reflects the name of one parent, parental consent from the absent parent is not required. If the parent’s name does appear, the other parent must consent in an affidavit. If the absent parent cannot be traced, a letter of special circumstances must be applied for.
My wife has passed away, what will I need in lieu of his consent?
Should one of the parents be deceased, a death certificate must be produced.
We are a gay couple (two fathers) and both our names appear on the Unabridged Birth Certificate. If we are both traveling with our child, will that suffice?
Yes, same sex parents are recognized as per the names on the unabridged birth certificate. Passports and visas (if necessary) will still be required.
My child is going on holiday with her aunt, what do we need to prepare?
If a child is traveling with someone other than a parent, additional documents to be presented will include an affidavit from the parents or legal guardian to state that the child is allowed to travel with that person, the contact details of the parents or legal guardian and copies of the identity documents and passports of the parents or legal guardian.
Where both the parents of the child are deceased and the child is traveling with a relative, the Director-General must approve such a person to enter into or depart from South Africa with that child. This affidavit may not be older than 3 months, dating from the date of travel.
My 17 year old son is going to spend a holiday with relatives in South Africa, he is flying alone, what do I need to do to?
An unaccompanied child requires a passport, unabridged birth certificate and visa if needed. They will also need a parental consent affidavit or court order signed by both parents or a legal guardian stating that the child has their permission to travel.
The affidavit must also feature the parent’s contact details. In addition, you will need a letter from the person the child will be staying with, featuring contact numbers and the physical address of the place where the child will stay. Documentation should also include thename and contact details as well as certified copies of the identity document or passport, visa or permanent residence permit of the person, as well as the contact details of the parents or legal guardian of the minor.
I want to send a child who is in alternative care in South Africa on an overseas program. What do I need?
A child who is in alternative care should produce a certified copy of an authorization letter from the Provincial Head of the Department of Social Development where the child resides on departing South Africa.
How to go about obtaining an unabridged birth certificate in South Africa?
Parents are advised to apply for an unabridged birth certificate well in advance as the process may take months (the indicated time is between 3 and 8 weeks).
Apply at any branch of Home Affairs bringing:
- R 75 in cash
- Both parents’ ID books as well as the child’s ID number
You will be given forms to fill in.
For a summary of the Home Affairs legislation visit http://www.capetown.travel/uploads/files/SummaryImmigrationMinors.pdf