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Child Care Act, 1983 (Act No. 74 of 1983)

Chapter 3 : Protection of Children

10. Maintenance of certain children apart from parents


1) No person other than the managers of a maternity home, a hospital, a place of safety or a children's home shall receive -
a) any child under the age of seven years; or
b) any child for the purpose of adopting him or her or causing him or her to be adopted, and care for that child apart from his or her parents or custodian for a longer period than 14 days, unless such person -
i) has applied in terms of section 18 for the adoption of the child; or
ii) has obtained the consent in writing of the commissioner of the district in which the child was residing immediately before he or she was received; or
iii) in the case of a child referred to in paragraph (a), is over the age of 18 years and is -
a) the grandfather, grandmother, brother, half-brother, sister, half-sister, uncle or aunt of the child; or
b) a designated relative referred to in subsection (4).


2) The commissioner shall, in considering any application for the said consent, have regard to the matters mentioned in section 40.


3) Any consent mentioned in subsection (1)(ii) shall be subject to the prescribed conditions and to such other conditions as may be determined by the commissioner in any specific case.


4) The Minister may determine that a person who is -
a) a spouse of a relative of a child referred to in subsection (1)(iii)(aa); or
b) related to a child in the third degree of affinity or consanguinity, is a "designated relative" for the purposes of subsection (1)(iii)(bb).