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A regulation barring recording a child’s foreign or undocumented father is unconstitutional as discriminatory and contrary to children’s rights.
Constitutional law – justiciability – court may decide constitutional challenge despite late concession where issue was actively opposed and has public importance. Administrative / statutory interpretation – Regulation 12(2)(c) of the Births and Deaths Registration Regulations. Children’s rights – right to dignity and best interests – discrimination where father's immigration status conditions registration of paternity. Conflict between subordinate regulation and section 11 of Births and Deaths Registration Act and Children’s Act. Costs – adverse punitive costs where state conduct unreasonably delayed and opposed relief.
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