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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 7 : Protection of Children

Part 3 : Protective measures relating to health of children

134. Access to contraceptives


(1) No person may refuse—
(a) To sell condoms to a child over the age of 12 years; or
(b) To provide a child over the age of 12 years with condoms on request where such condoms are provided or distributed free of charge.


(2) Contraceptives other than condoms may be provided to a child on request by the child and without the consent of the parent or care-giver of the child if—
(a) The child is at least 12 years of age;
(b) proper medical advice is given to the child; and
(c) a medical examination is carried out on the child to determine whether there are any medical reasons why a specific contraceptive should not be provided to the child.


(3) A child who obtains condoms, contraceptives or contraceptive advice in terms of this Act is entitled to confidentiality in this respect, subject to section 110.