Invisible Citizens: The Impact of Zimbabwe’s Birth Registration Laws on Paternal-Custody Children

Authors: Rosemary Farayi Masaire & Joseph Mesuwini

ISSN: 1996-2193
Affiliations: PhD (Entrepreneurship and Business Management) Department of Business Enterprise and Management, University of Zimbabwe; PhD (Technology Education) Science and Technology Division, University of the Witwatersrand
Source: Stellenbosch Law Review, Volume 37 Issue 1, 2026, p. 81-104
https://doi.org/10.47348/SLR/2026/i1a4

Abstract

Every child has the right to identity and belonging, yet Zimbabwean birth registration laws often hinder this right, particularly for children left in the custody of fathers or paternal relatives when mothers are untraceable. Current legal requirements mandate the involvement of a maternal relative bearing the mother’s surname to complete birth registration, leaving many such children unregistered, legally invisible and at heightened risk of statelessness. This contribution explores how these legal barriers violate children’s rights to identity and citizenship. Drawing on social exclusion theory, it highlights the marginalisation and heightened vulnerability of affected children and underscores the long-term social and legal consequences of non-registration. The chapter calls for urgent legislative and administrative reform to align Zimbabwe’s civil registration framework with constitutional and international child-rights standards. The findings aim to inform policy advocacy efforts, including submissions to the Parliamentary Portfolio Committee on Civil Registration.