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Childrens Act, 2005

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To give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental responsibilities and rights; to make further provision regarding children’s courts; to provide for partial care of children; to provide for early childhood development; to provide for the issuing of contribution orders; to provide for prevention and early intervention; to provide for children in alternative care; to provide for foster care; to provide for child and youth care centres and drop-in centres; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; and to create certain new offences relating to children; and to provide for matters connected therewith.


Last update: December 2014

Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996

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Latest Developments:


The Children’s Act, 2005 (Act No. 38 of 2005) has been amended by section 25 of the Legal Aid South Africa Act, 2013 (Act No. 39 of 2014), Government Gazette 38315, Notice No. 1013, dated 9 December 2014.


The Children's Act, 2005 (Act No. 38 of 2005) has been updated by Government Gazette 35476, dated 29 June 2012 - Notice R. 497; Amendment of General Regulations regarding Children.


This Act has been added to the site, as published in Government Gazette No. 28944 dated 19 June 2006, and has been amended by the Children’s Amendment Act, 2007 (Act No. 41 of 2007), published in Government Gazette No. 30884 dated 18 March 2008.