Effective from June 1, the South African government will introduce strict new regulations regarding the travel of minors (children aged under 18 years) to and from the country.
This applies to all nationalities and is being implemented to counter child abduction and human trafficking.
The new regulations stipulate that for all children travelling, a valid travel document (passport) and a full birth certificate must be carried and produced on request.
The birth certificate must identify the parents of the child.
If an original cannot be produced, a certified copy can be provided, but the certification must be less than three months old.
If the birth certificate is not in one of the 11 official languages of South Africa, which includes English, travellers will need to provide an English translation from an accredited translator.
In addition to producing a valid travel document (passport) and full birth certificate, children travelling with only one parent or unaccompanied will also be required to produce a legal document signed by any non-travelling parents, giving approval for the child’s travel.
Otherwise, where applicable, they must produce a death certificate of a parent registered on the birth certificate of the child, or a court order granting sole custody.
This legal document can be a Statutory Declaration or an Affidavit, and must contain full names and passport details of both parents registered on the birth certificate of the child, with contact details for any non-travelling parent.
The document should also specify the travel destinations of the parent and child.
These legal documents or certified copies of these documents cannot be more than three months old.
If there is only one parent registered on the birth certificate, that person has sole responsibility.
Airlines within South Africa are bound by the South African Immigration regulations and must act accordingly.
Travellers not in possession of the required documentation will not be allowed to travel.
For information on requirements pertaining to this and other situations such as legal guardianship or unaccompanied travelling minors, please visit the South African Department of Home Affairs (SADHA) website at www.home-affairs.gov.za or contact them on 0800 60 11 90 (toll free from South Africa) before travelling.
You can also contact the Springs Department of Home Affairs on 011 730 9800/9826 or visit their offices in Welgedacht Road.
Frequently Asked Questions
Q: What do the regulations say about parents travelling with children?
A: Regulation 6 (12)(a) states: Where parents are travelling with a child, such parents must produce an unabridged birth certificate of the child reflecting the particulars of the parents of the child.
Q: What is an unabridged birth certificate?
It is a birth certificate reflecting the particulars of both parents.
Q: Is this applicable to all children?
A: Yes, the South African regulations regards a child as any person under the age of 18 years.
It is applicable to all nationalities departing from and arriving in South Africa.
It is not required for passengers remaining in transit, unless s/he requires a transit visa.
The unabridged certificate should be submitted during the transit visa application process and both the certificate and visa should be carried on person whilst travelling.
Q: Must I travel with the original document?
A: A copy is sufficient as per the regulations.
It must be certified as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
Q: What do the regulations say about children travelling with one parent?
A: Regulation 6 (12)(b) requires one of three documents:
n In the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and consent, in the form of an affidavit from the other parent registered as a parent on the birth certificate of the child, authorizing him or her to enter into or depart from the Republic of South Africa with the child he or she is travelling with;
n A court order granting full parental responsibilities and rights or legal guardianship in respect of the child, if he or she is the parent or legal guardian of the child;
n Where applicable, a death certificate of the other parent registered as a parent of the child on the birth certificate, provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her his or her parents, approve such a person to enter or depart the Republic with such a child.
Q: What is the time line for the affidavit?
A: The affidavit must be no older than three months, dating from the time of travel.
Q: What do the regulations say about persons travelling with a child who is not their biological child?
A: Regulation 6 (12)(c) states where a person is travelling with a child who is not his or her biological child, he or she must produce:
n A copy of the unabridged birth certificate of the child;
n An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child;
n Copies of the identity documents or passports of the parents or legal guardian of the child; and
n The contact details of the parents or legal guardian of the child, provided that the Director-General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her his or her parents, approve such a person to enter or depart the Republic with such a child.
Q: Must the copies of the parents’ passports / ID’s be certified?
A: They must be certified as a true copy of the original by a Commissioner of Oaths (or the equivalent).
Q: In what format must the contact details of the parents be?
A: A document with the parents’ name and surname, physical address, telephone and cell phone numbers would be sufficient.