South Africa
Children's Act, 2005
Act 38 of 2005
- Published in Government Gazette 28944 on 19 June 2006
- Assented to on 8 June 2006
- There are multiple commencements
- [This is the version of this document from 8 November 2023.]
Provisions | Status |
---|---|
Chapter 1 (section 1–5); Chapter 2, section 6–11, section 13–17; Chapter 3, Part I, section 18–21, section 27; Part 2, section 30–31; Part 3, section 35; Part 4, section 36–40; Chapter 7, Part 3, section 130–134; Chapter 20, section 305(1)(b), 305(1)(c), 305(3), 305(4), 305(5), 305(6), 305(7); Chapter 21, section 307, section 308–311; Chapter 22, section 313–315 | commenced on 1 July 2007 by Proclamation 13 of 2007. |
Chapter 5 (section 76–90); Chapter 6 (section 91–103); Chapter 7, Part 1 (section 104–110); Part 4, section 135–141, section 142(a), 142(b), 142(c), 142(d), 142(e), 142(f); Chapter 8 (section 143–149); Chapter 9, Part 2, section 156(1)(f); Chapter 11 (section 167–179); Chapter 12 (section 180–190); Chapter 13 (section 191–212); Chapter 14 (section 213–227); Chapter 15, section 250(3); Chapter 20, section 304(3)(a)(i), 304(3)(a)(ii), section 305(1)(e), 305(1)(f), 305(1)(g), 305(1)(h), 305(1)(i), 305(1)(j) | commenced on 1 April 2010 by Act 41 of 2007. |
Chapter 2, section 12; Chapter 3, Part I, section 22–26, section 28–29; Part 2, section 32; Part 3, section 33–34; Part 4, section 41; Chapter 4 (section 42–75); Chapter 7, Part 2 (section 111–128); Part 3, section 129, section 142; Part 4, section 142(g), 142(h), 142(i), 142(j), 142(k); Chapter 9, Part 1 (section 150–154); Part 2, section 155, section 156(1)(a), 156(1)(b), 156(1)(c), 156(1)(d), 156(1)(e), 156(1)(g), 156(1)(h), 156(1)(i), 156(1)(j), 156(1)(k), 156(2), 156(3), 156(4), section 157, section 158–160; Chapter 10 (section 161–166); Chapter 15, section 228–249, section 250(1), 250(2), section 251, section 252–253; Chapter 16 (section 254–273); Chapter 17 (section 274–280); Chapter 18 (section 281–291); Chapter 19 (section 292–303); Chapter 20, section 304(1), 304(2), 304(3)(a)(iii), 304(3)(a)(iv), 304(3)(b), 304(3)(c), 304(3)(d), 304(3)(e), 304(3)(f), 304(3)(g), 304(3)(h), 304(4), 304(5), section 305(1)(a), 305(1)(d), 305(1)(k), 305(1)(l), 305(1)(m), 305(1)(n), 305(1)(o), 305(1)(p), 305(1)(q), 305(1)(r), 305(1)(s), 305(2), 305(8); Chapter 21, section 306, section 312; Chapter 22 (in part) | commenced on 1 April 2010 by Proclamation R12 of 2010. |
Chapter 7, Part 2, subpart, section 128A | commenced on 22 January 2014 by Act 42 of 2013. |
Chapter 9, Part 1, section 151(2A), section 152(2)(d), 152(3)(b)(i), 152(3)(b)(ii), 152(3)(b)(iii); Chapter 11, section 171(1A), section 176(3) | commenced on 26 January 2018 by Act 18 of 2016. |
Chapter 7, Part 2, subpart, section 120(1A), 120(4A), 120(4B), section 122(1A); Chapter 9, Part 1, section 152A; Chapter 15, section 230(3)(f), 230(3)(g), section 242(2)(e) | commenced on 26 January 2018 by Act 17 of 2016. |
Chapter 4, Part 1, section 45(1)(bA), 45(1)(jA), 45(3A), 45(3B); Chapter 9, Part 1, section 150(1)(j), 150(1)(k), 150(1)(l); Part 2, section 156(1)(cA), section 159(2A), 159(2B); Chapter 12, section 186(1A), 186(4) | commenced on 8 November 2023. |
- [Amended by Children's Amendment Act, 2007 (Act 41 of 2007) on 1 April 2010]
- [Amended by Child Justice Act, 2008 (Act 75 of 2008) on 1 April 2010]
- [Amended by Judicial Matters Amendment Act, 2013 (Act 42 of 2013) on 22 January 2014]
- [Amended by Legal Aid South Africa Act, 2014 (Act 39 of 2014) on 1 March 2015]
- [Amended by Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013) on 9 August 2015]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Children's Amendment Act, 2016 (Act 17 of 2016) on 26 January 2018]
- [Amended by Children's Second Amendment Act, 2016 (Act 18 of 2016) on 26 January 2018]
- [Amended by Children’s Amendment Act, 2022 (Act 17 of 2022) on 8 November 2023]
Chapter 1
Interpretation, objects, application and implementation of Act
1. Interpretation
2. Objects of Act
The objects of this Act are—3. Conflicts with other legislation
4. Implementation of Act
5. Inter-sectoral implementation of Act
To achieve the implementation of this Act in the manner referred to in section 4, all organs of state in the national, provincial and, where applicable, local spheres of government involved with the care, protection and well-being of children must co-operate in the development of a uniform approach aimed at co-ordinating and integrating the services delivered to children.Chapter 2
General principles
6. General principles
7. Best interests of child standard
8. Application
9. Best interests of child paramount
In all matters concerning the care, protection and well-being of a child the standard that the child's best interest is of paramount importance, must be applied.10. Child participation
Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration.11. Children with disability or chronic illness
12. Social, cultural and religious practices
13. Information on health care
14. Access to court
Every child has the right to bring, and to be assisted in bringing, a matter to a court, provided that matter falls within the jurisdiction of that court.15. Enforcement of rights
16. Responsibilities of children
Every child has responsibilities appropriate to the child's age and ability towards his or her family, community and the state.17. Age of majority
A child, whether male or female, becomes a major upon reaching the age of 18 years.Chapter 3
Parental responsibilities and rights
Part I – Acquisition and loss of parental responsibilities and rights
18. Parental responsibilities and rights
19. Parental responsibilities and rights of mothers
20. Parental responsibilities and rights of married fathers
The biological father of a child has full parental responsibilities and rights in respect of the child—21. Parental responsibilities and rights of unmarried fathers
22. Parental responsibilities and rights agreements
23. Assignment of contact and care to interested person by order of court
24. Assignment of guardianship by order of court
25. Certain applications regarded as inter-country adoption
When application is made in terms of section 24 by a non-South African citizen for guardianship of a child, the application must be regarded as an inter-country adoption for the purposes of the Hague Convention on Inter-country Adoption and Chapter 16 of this Act.26. Person claiming paternity
27. Assignment of guardianship and care
28. Termination, extension, suspension or restriction of parental responsibilities and rights
29. Court proceedings
Part 2 – Co-exercise of parental responsibilities and rights
30. Co-holders of parental responsibilities and rights
31. Major decisions involving child
32. Care of child by person not holding parental responsibilities and rights
Part 3 – Parenting plans
33. Contents of parenting plans
34. Formalities
35. Refusal of access or refusal to exercise parental responsibilities and rights
Part 4 – Miscellaneous
36. Presumption of paternity in respect of child born out of wedlock
If in any legal proceedings in which it is necessary to prove that any particular person is the father of a child born out of wedlock it is proved that that person had sexual intercourse with the mother of the child at any time when that child could have been conceived, that person is, in the absence of evidence to the contrary which raises a reasonable doubt, presumed to be the biological father of the child.37. Refusal to submit to taking of blood samples
If a party to any legal proceedings in which the paternity of a child has been placed in issue has refused to submit himself or herself, or the child, to the taking of a blood sample in order to carry out scientific tests relating to the paternity of the child, the court must warn such party of the effect which such refusal might have on the credibility of that party.38. Effect of subsequent marriage of parents on child
39. Rights of child born of voidable marriage
40. Rights of child conceived by artificial fertilisation
41. Access to biographical and medical information concerning genetic parents
Chapter 4
Children's courts
Part 1 – Establishment, status and jurisdiction
42. Children's courts and presiding officers
43. Status
A children's court is a court of record and has a similar status to that of a magistrate's court at district level.44. Geographical area of jurisdiction of children's court
45. Matters children's court may adjudicate
46. Orders children's court may make
47. Referral of children by other court for investigation
48. Additional powers
49. Lay-forum hearings
50. Investigations
51. Appeals
Part 2 – Court proceedings
52. Rules and court proceedings
53. Who may approach court
54. Legal representation
A person who is a party in a matter before a children's court is entitled to appoint a legal practitioner of his or her own choice and at his or her own expense.55. Legal representation of children
56. Attendance at proceedings
Proceedings of a children's court are closed and may be attended only by—57. Compulsory attendance of persons involved in proceedings
58. Rights of persons to adduce evidence, question witnesses and produce argument
The following persons have the right to adduce evidence in a matter before a children's court and, with the permission of the presiding officer of the children's court, to question or cross-examine a witness or to address the court in argument:59. Witnesses
60. Conduct of proceedings
61. Participation of children
62. Professional reports ordered by court
63. Evidence
64. Adjournments
65. Monitoring of court orders
66. Protection of court case records
Subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), no person has access to children's court case records, except—67. Appointment or designation of clerks of children's courts
68. Referral of matters by clerk of children's court
If it comes to the attention of the clerk of the children's court that a child may be in need of care and protection, the clerk must refer the matter to a designated social worker for investigation in terms of section 155(2).Part 3 – Pre-hearing conferences, family group conferences, other lay-forums and settling matters out of court
69. Prehearing conferences
70. Family group conferences
71. Other lay-forums
72. Settling of matters out of court
73. Other functions
The clerk of the children's court may attend every children's court hearing.Part 4 – Miscellaneous matters
74. Publication of information relating to proceedings
No person may, without the permission of a court, in any manner publish any information relating to the proceedings of a children's court which reveals or may reveal the name or identity of a child who is a party or a witness in the proceedings.75. Regulations
Chapter 5
Partial care
[Chapter 5 inserted by section 4 of Act 41 of 2007]76. Partial care
Partial care is provided when a person, whether for or without reward, takes care of more than six children on behalf of their parents or care-givers during specific hours of the day or night, or for a temporary period, by agreement between the parents or care-givers and the provider of the service, but excludes the care of a child—77. Strategy concerning partial care
78. Provision of partial care
79. National norms and standards for partial care
80. Partial care facility to be registered
81. Application for registration and renewal of registration
82. Consideration of application
83. Conditional registration
The registration or renewal of registration of a partial care facility may be granted on such conditions as the provincial head of social development may determine, including conditions—84. Cancellation of registration
85. Notice of enforcement
86. Appeal against and review of certain decisions
87. Record and inspection of and provision for partial care facility
88. Assignment of functions to municipality
89. Serious injury, abuse or death of child in partial care facility
90. Regulations
The Minister may make regulations in terms of section 306 concerning—Chapter 6
Early childhood development
[Chapter 6 inserted by section 4 of Act 41 of 2007]91. Early childhood development
92. Strategy concerning early childhood development
93. Provision of early childhood development programmes
94. National norms and standards for early childhood development programmes
95. Early childhood development programme to be registered
96. Application for registration and renewal of registration
97. Consideration of application
98. Conditional registration
The registration or renewal of registration of an early childhood development programme may be granted on such conditions as the provincial head of social development may determine, including conditions—99. Cancellation of registration
100. Notice of enforcement
A provincial head of social development may by way of a written notice of enforcement instruct—101. Appeal against and review of certain decisions
102. Assignment of functions to municipality
103. Regulations
The Minister may make regulations in terms of section 306 concerning—Chapter 7
Protection of children
Part 1 – Child protection system
[Part 1 inserted by section 5(a) of Act 41 of 2007]104. Strategy concerning child protection
105. Provision of designated child protection services
106. National norms and standards for child protection
107. Designation of child protection organisation
108. Existing child welfare organisation
109. Withdrawal of designation
110. Reporting of abused or neglected child and child in need of care and protection
Part 2 – National Child Protection Register
111. Keeping of National Child Protection Register
112. Confidentiality of National Child Protection Register
Part A of Register
113. Purpose of Part A of Register
The purpose of Part A of the Register is—114. Contents of Part A of Register
115. Access to Part A of Register
Only the Director-General and officials of the Department designated by the Director-General have access to Part A of the Register, but the Director-General may, on such conditions as the Director-General may determine, allow access to—116. Disclosure of information in Part A of Register
117. Inquiries on information in Part A of Register
Part B of Register
118. Purpose of Part B of Register
The purpose of Part B of the Register is to have a record of persons who are unsuitable to work with children and to use the information in the Register in order to protect children in general against abuse from these persons.119. Contents of Part B of Register
Part B of the Register must be a record of persons found in terms of section 120 to be unsuitable to work with children, and must reflect—120. Finding persons unsuitable to work with children
121. Disputes concerning findings
The person in respect of whom a finding in terms of section 120 has been made may—122. Findings to be reported to Director-General
123. Consequences of entry of name in Part B of Register
124. Disclosure of entry of name in Part B of Register
125. Access to Part B of Register
126. Establishment of information in Part B of Register
127. Disclosure of names in Part B of Register prohibited
128. Removal of name from Register
128A. Enquiries for purposes of expungement applications in terms of Criminal Procedure Act
Part 3 – Protective measures relating to health of children
129. Consent to medical treatment and surgical operation
130. HIV-testing
131. HIV-testing for foster care or adoption purposes
If HIV-testing of a child is done for foster care or adoption purposes, the state must pay the cost of such tests where circumstances permit.132. Counselling before and after HIV-testing
133. Confidentiality of information on HIV/AIDS status of children
134. Access to contraceptives
Part 4 – Other protective measures
[Part 4 inserted by section 5(c) of Act 41 of 2007]135. Application to terminate or suspend parental responsibilities and rights
136. Consideration of application to terminate or suspend parental responsibilities and rights
When considering an application referred to in section 135 the court must—137. Child-headed household
138. Unlawful removal or detention of child
139. Unlawful taking or sending of child out of Republic
140. Child safety at place of entertainment
141. Child labour and exploitation of children
142. Regulations
The Minister may make regulations in terms of section 306—Chapter 8
Prevention and early intervention
[Chapter 8 inserted by section 7 of Act 41 of 2007]143. Prevention and early intervention programmes
144. Purposes of prevention and early intervention programmes
145. Strategy for securing prevention and early intervention programmes
146. Provision of prevention and early intervention programmes
147. National norms and standards for prevention and early intervention programmes
148. Court may order early intervention programme
149. Report to include summary of prevention and early intervention programmes
When a report of a designated social worker is produced before a court in order to assist a court in determining a matter concerning a child, the report must contain a summary of any prevention and early intervention programmes provided in respect of that child and the family, parent or care-giver of the child.[section 149 inserted by section 7 of Act 41 of 2007]Chapter 9
Child in need of care and protection
Part 1 – Identification of child in need of care and protection
150. Child in need of care and protection
151. Removal of child to temporary safe care by court order
152. Removal of child to temporary safe care without court order
152A. Review of decision to remove child without court order
153. Written notice to alleged offender
154. Other children in need of care and protection
If there are reasonable grounds for believing that a child at the same place or on the same premises as a child placed in temporary safe care in terms of section 47, 151 or 152 is in need of care and protection, the person under whose care the child placed in temporary safe care is or the provincial head of social development may refer that child to a designated social worker for investigation contemplated in section 155(2).Part 2 – Children’s court processes
155. Decision of question whether child is in need of care and protection
156. Orders when child is found to be in need of care and protection
157. Court orders to be aimed at securing stability in child's life
158. Placement of child in child and youth care centre
159. Duration and extension of orders
160. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development in respect of court orders, may make regulations prescribing—Chapter 10
Contribution order
161. Issue of contribution order
162. Jurisdiction
163. Effect of contribution order
164. Payments to be made to person determined by court
A contribution order must instruct the respondent to pay the sum stated therein to such person or institution as the court may determine.165. Attachment of wages of respondent
166. Change of residence or work by respondent
A respondent against whom a contribution order is in force must—Chapter 11
Alternative care
[Chapter 11 inserted by section 10 of Act 41 of 2007]167. Alternative care
168. Leave of absence
169. Child in alternative care prohibited from leaving Republic
170. Child absconding from alternative care
171. Transfer of child in alternative care
172. Change in residential care programme
173. Removal of child already in alternative care
174. Provisional transfer from alternative care
175. Discharge from alternative care
176. Remaining in alternative care beyond age of 18 years
177. Appeal against and review of certain decisions
178. Serious injury, abuse or death of child in alternative care
179. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306 prescribing—Chapter 12
Foster care
[Chapter 12 inserted by section 10 of Act 41 of 2007]180. Foster care
181. Purposes of foster care
The purposes of foster care are to—182. Prospective foster parent
183. Cluster foster care
184. Determination of placement of child in foster care
185. Number of children to be placed in foster care per household
186. Duration of foster care placement
187. Reunification of child with biological parent
188. Responsibilities and rights of foster parent
189. Termination of foster care
190. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development where court orders are regulated, may make regulations in terms of section 306—Chapter 13
Child and youth care centres
[Chapter 13 inserted by section 10 of Act 41 of 2007]191. Child and youth care centre
192. Strategy to ensure sufficient provision of child and youth care centres
193. Provision of child and youth care centres
194. National norms and standards for child and youth care centres
Part 1 – Establishment and registration of child and youth care centre
[Part 1 inserted by section 10 of Act 41 of 2007]195. Establishment of child and youth care centre by organ of state
The MEC for social development must, from money appropriated by the relevant provincial legislature, establish and operate child and youth care centres for that province.[section 195 inserted by section 10 of Act 41 of 2007]196. Existing government children's home, place of safety, secure care facility, school of industry and reform school
197. Establishment of child and youth care centre
Any national or provincial state department responsible for social development, municipality and accredited organisation may establish and operate a child and youth care centre provided that the centre—198. Existing registered children's home and registered shelter
199. Application for registration or renewal of registration
200. Consideration of application
201. Conditional registration
The registration or renewal of registration of a child and youth care centre may be granted on such conditions as the provincial head of social development may determine, including conditions—202. Amendment of registration
The provincial head of social development in the relevant province may on application in the prescribed circumstances by the holder of a registration of a child and youth care centre amend the registration by written notice to that person.[section 202 inserted by section 10 of Act 41 of 2007]203. Cancellation of registration
204. Notice of enforcement
205. Voluntary closure of child and youth care centre
The holder of a registration of a child and youth care centre who voluntarily closes a child and youth care centre must—206. Child in child and youth care centre to be closed
If a child and youth care centre is to be closed as a result of the cancellation of its registration in terms of section 203 or voluntary closure of the centre in terms of section 205 every child placed in that centre must be transferred in terms of section 171.[section 206 inserted by section 10 of Act 41 of 2007]207. Appeal against and review of certain decisions
Part 2 – Operation and management of child and youth care centre
[Part 2 inserted by section 10 of Act 41 of 2007]208. Management board
209. Manager and staff of child and youth care centre
210. Management system
A child and youth care centre must be managed—211. Quality assurance process
Part 3 – Miscellaneous
[Part 3 inserted by section 10 of Act 41 of 2007]212. Regulations
The Minister may, where appropriate after consultation with the Ministers of Education, Health and Justice and Constitutional Development, in terms of section 306 make regulations prescribing—Chapter 14
Drop-in centres
[Chapter 14 inserted by section 10 of Act 41 of 2007]213. Drop-in centres
214. Strategy concerning drop-in centres
215. Provision of drop-in centres
216. National norms and standards for drop-in centres
217. Drop-in centres to be registered
218. Application for registration and renewal of registration
219. Consideration of application
220. Conditional registration
221. Cancellation of registration
222. Notice of enforcement
223. Appeal against and review of certain decisions
224. Record and inspection of and provision for drop-in centres
225. Assignment of functions to municipality
226. Serious injury, abuse or death of child in drop-in centre
227. Regulations
The Minister, after consultation with the Minister of Justice and Constitutional Development where review of decisions by the courts are regulated, may make regulations in terms of section 306 concerning—Chapter 15
Adoption
228. Adoption
A child is adopted if the child has been placed in the permanent care of a person in terms of a court order that has the effects contemplated in section 242.229. Purposes of adoption
The purposes of adoption are to—230. Child who may be adopted
231. Persons who may adopt child
232. Register on Adoptable Children and Prospective Adoptive Parents
233. Consent to adoption
234. Post adoption agreements
235. Freeing orders
236. When consent not required
237. Gathering of information for proposed adoption
238. Notice to be given of proposed adoption
239. Application for adoption order
240. Consideration of adoption application
241. Unreasonable withholding of consent
242. Effect of adoption order
243. Rescission of adoption order
244. Effect of rescission
245. Recording of adoption in births register
246. Registration of birth and recording of adoption of child born outside Republic
247. Adoption register
248. Access to adoption register
249. No consideration in respect of adoption
250. Only certain persons allowed to provide adoption service
251. Accreditation to provide adoption service
252. Advertising
253. Regulations
The Minister, after consultation with the Minister for Justice and Constitutional Development in respect of regulations dealing with court orders, may make regulations—Chapter 16
Inter-country adoption
254. Purposes of Chapter
The purposes of this Chapter are—255. International co-operation
256. Hague Convention on Inter-country Adoption to have force of law
257. Central Authority
258. Performance of functions
259. Accreditation to provide inter-country adoption services
260. Entering into adoption working agreement
261. Adoption of child from Republic by person in convention country
262. Adoption of child from Republic by person in non-convention country
263. Issue of adoption compliance certificate
If the children's court has approved the adoption of a child in terms of section 261 or 262, the Central Authority may issue an adoption compliance certificate.264. Adoption of child from convention country by person in Republic
265. Adoption of child from non-convention country by person in Republic
266. Recognition of inter-country adoption of child from convention country
267. Evidentiary value of adoption compliance certificate of convention country
Subject to section 270, an adoption compliance certificate is evidence, for the purposes of the laws of the Republic, that the adoption to which the certificate relates—268. Recognition of inter-country adoption of child from non-convention country
The Central Authority may issue a declaration recognising the adoption of a child in a non-convention country if—269. Effect of recognition of inter-country adoption
If the adoption of a child is recognised in terms of section 266 or 268, the adoption has in the Republic the effects set out in section 242.270. Refusal to recognise inter-country adoption or Article 27 decision
271. Application to children's court for inter-country adoption of child
272. Access to information
Subject to the provisions of section 248 with regard to access to the adoption register, read with such changes as the context may require, the Central Authority may disclose to a person older than 18 years who, as a child, was adopted in accordance with the Hague Convention on Inter-country Adoption, any information in the records of the Central Authority concerning that person's origin.273. Processing or facilitating inter-country adoption
No person may process or facilitate an inter-country adoption otherwise than in terms of this Chapter.Chapter 17
Child abduction
274. Purposes of Chapter
The purposes of this Chapter are—275. Hague Convention on International Child Abduction to have force of law
The Hague Convention on International Child Abduction is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act.276. Central Authority
277. Delegation of powers and duties
278. Powers of court
279. Legal representation
A legal representative must represent the child, subject to section 55, in all applications in terms of the Hague Convention on International Child Abduction.280. Regulations
Chapter 18
***
[Chapter 18 repealed by section 48 of Act 7 of 2013]281. -***
[section 281 repealed by section 48 of Act 7 of 2013]282. -***
[section 282 repealed by section 48 of Act 7 of 2013]283. -***
[section 283 repealed by section 48 of Act 7 of 2013]284. -***
[section 284 repealed by section 48 of Act 7 of 2013]285. -***
[section 285 repealed by section 48 of Act 7 of 2013]286. -***
[section 286 repealed by section 48 of Act 7 of 2013]287. -***
[section 287 repealed by section 48 of Act 7 of 2013]288. -***
[section 288 repealed by section 48 of Act 7 of 2013]289. -***
[section 289 repealed by section 48 of Act 7 of 2013]290. -***
[section 290 repealed by section 48 of Act 7 of 2013]291. -***
[section 291 repealed by section 48 of Act 7 of 2013]Chapter 19
Surrogate motherhood
292. Surrogate motherhood agreement must be in writing and confirmed by High Court
293. Consent of husband, wife or partner
294. Genetic origin of child
No surrogate motherhood agreement is valid unless the conception of the child contemplated in the agreement is to be effected by the use of the gametes of both commissioning parents or, if that is not possible due to biological, medical or other valid reasons, the gamete of at least one of the commissioning parents or, where the commissioning parent is a single person, the gamete of that person.295. Confirmation by court
A court may not confirm a surrogate motherhood agreement unless—296. Artificial fertilisation of surrogate mother
297. Effect of surrogate motherhood agreement on status of child
298. Termination of surrogate motherhood agreement
299. Effect of termination of surrogate motherhood agreement
The effect of the termination of a surrogate motherhood agreement in terms of section 298 is that—300. Termination of pregnancy
301. Payments in respect of surrogacy prohibited
302. Identity of parties
303. Prohibition of certain acts
Chapter 20
Enforcement of Act
304. Inspection of child and youth care centre, partial care facility, shelter and drop-in centre
305. Offences
Chapter 21
Administration of Act
306. Regulations
307. Delegation of powers and duties by Minister
308. Assignment of powers and duties by Minister
309. Delegation of powers and duties by MECs for social development
310. Delegation of powers and duties by Director-General
311. Delegation of powers and duties by provincial heads of social development
312. Agency agreements
Chapter 22
Miscellaneous matters
313. Amendment of laws
The laws referred to in the second column of Schedule 4 are hereby amended to the extent indicated in the third column of the Schedule.314. Transitional matters
Anything done in terms of a law repealed in terms of section 313 which can be done in terms of a provision of this Act, must be regarded as having been done in terms of that provision of this Act.315. Short title and commencement
This Act is called the Children's Act, 2005, and takes effect on a date fixed by the President by proclamation in the Gazette.History of this document
08 November 2023 this version
Amended by
Children’s Amendment Act, 2022
Commenced
26 January 2018
Amended by
Children's Amendment Act, 2016
Amended by
Children's Second Amendment Act, 2016
Read this version
02 August 2017
09 August 2015
01 March 2015
22 January 2014
01 April 2010
Amended by
Children's Amendment Act, 2007
Amended by
Child Justice Act, 2008
Commenced by
Children's Act, 2005: Commencement
Read this version
01 July 2007
Commenced by
Children's Act, 2005: Commencement
19 June 2006
Published in Government Gazette 28944
Read this version
08 June 2006
Assented to
Cited documents 26
Act 26
1. | Constitution of the Republic of South Africa, 1996 | 12560 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4648 citations |
3. | Local Government: Municipal Structures Act, 1998 | 4514 citations |
4. | Criminal Procedure Act, 1977 | 4052 citations |
5. | Magistrates' Courts Act, 1944 | 2920 citations |
6. | Promotion of Access to Information Act, 2000 | 1770 citations |
7. | Births and Deaths Registration Act, 1992 | 1194 citations |
8. | South African Schools Act, 1996 | 847 citations |
9. | Basic Conditions of Employment Act, 1997 | 741 citations |
10. | Higher Education Act | 568 citations |
Documents citing this one 594
Judgment 324
Gazette 233
Act 17
1. | Births and Deaths Registration Act, 1992 | 1194 citations |
2. | Basic Conditions of Employment Act, 1997 | 741 citations |
3. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 463 citations |
4. | Unemployment Insurance Act, 2001 | 188 citations |
5. | Refugees Act, 1998 | 184 citations |
6. | Domestic Violence Act, 1998 | 157 citations |
7. | Child Justice Act, 2008 | 125 citations |
8. | South African Citizenship Act, 1995 | 117 citations |
9. | Social Assistance Act, 2004 | 108 citations |
10. | Intestate Succession Act, 1987 | 59 citations |
Government Notice 10
Case summary 5
Book 1
1. | Critical Criminal Law |
By-law 1
1. | Child Care Facilities By-law, 2019 |
Guidance Note 1
1. | Guidance Note on application for Prior Authorisation |
Guide 1
1. | Case Summary: S v SN Case No. CC16/2022 ECD High Court Makhanda |
Provincial Notice 1
1. | Procedures for the Election and Establishment of Governing Bodies at Public Schools Regulations, 2024 |