Save children from statelessness in South Africa

Lawyers for Human Rights (LHR) continues to advance its mission to protect children from statelessness through legal support, strategic litigation, and public advocacy. In recent months, we’ve made significant strides:

DNA Testing: A Critical Barrier to Legal Identity

Access to legal identity remains one of the most urgent challenges for children at risk of statelessness in South Africa. In several cases currently supported by LHR, children born in South Africa are being denied birth registration due to the Department of Home Affairs’ requirement for DNA testing to prove paternity—even when one parent is a documented South African citizen or permanent resident.

These requirements disproportionately affect families facing poverty, displacement, or separation. In some instances, fathers are present and documented, yet the absence of a DNA test prevents registration. In others, children born to undocumented mothers and documented fathers are denied recognition, despite clear eligibility under South African law. The cost of DNA testing—often exceeding R3,000 per family—is prohibitive for many, and the lack of state-funded alternatives leaves children in legal limbo.

As of May 2025, LHR had only R794 remaining for DNA testing. In response, we paused new tests and launched a sustainable fundraising strategy. With support from our Communications team, we developed animated and AI-generated content to promote our GlobalGiving page and integrated this appeal into our Her Document: Her Dignity campaign. Legal practitioners and philanthropists have been invited to contribute, and we are awaiting updated figures from Finance following this renewed push.

The need remains urgent. Without birth certificates, children are excluded from education, healthcare, and social services. LHR continues to advocate for policy reform while working to secure resources that will allow us to assist families facing these barriers. DNA testing is not just a technical requirement—it is a gatekeeper to dignity, protection, and full participation in society.

Court Victory: Primrose Modisane 

After decades of statelessness, Primrose Modisane received her South African birth certificate and ID following a Pretoria High Court order and public pressure. This victory restores her dignity and enables full participation in society.

Litigation Updates

We continue to seek compliance with the blocked IDs judgment and support first-time applicants for IDs, who face impossible verification requirements due to abandonment. We are increasingly collaborating with private law firms to expand access to justice for similarly placed clients.

Advocacy & Regional Engagement 

LHR co-hosted a session at the Southern African Civil Society Forum in Madagascar, calling for ratification of the AU Protocol on Nationality and universal birth registration. We also hosted the Her Document: Her Dignity webinar, spotlighting the gendered dimensions of statelessness and mobilising pro bono legal support.

Looking Ahead

 Upcoming engagements include an ACERWC side event in Lesotho, RightsCon 2026 in Lusaka (focused on digital rights and IDs), and the SANN Annual Meeting in Johannesburg to strengthen regional collaboration and sustainability.