The Children's Act, 2005 (Act No. 38 of 2005) is an act of the

Parliament of South Africa The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seve ...

that consolidates and reforms the law on matters related to children. It deals with topics including the

age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...

paternity Paternity may refer to: *Father, the male parent of a (human) child *Paternity (law), fatherhood as a matter of law * ''Paternity'' (film), a 1981 comedy film starring Burt Reynolds * "Paternity" (''House''), a 2004 episode of the television seri ...

, custody,

child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...

, guardianship,

parenting plan A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about ...

s, children's courts,

circumcision Circumcision is a surgical procedure, procedure that removes the foreskin from the human penis. In the most common form of the operation, the foreskin is extended with forceps, then a circumcision device may be placed, after which the foreskin ...

day care Child care, otherwise known as day care, is the care and supervision of a child or multiple children at a time, whose ages range from two weeks of age to 18 years. Although most parents spend a significant amount of time caring for their child(r ...

child protection Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to e ...

foster care Foster care is a system in which a minor has been placed into a ward, group home (residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family mem ...

group home A group home, congregate living facility, or care home (the latter especially in British English and Australian English) is a residence model of medical care for those with complex health needs. Traditionally, the model has been used for children ...

adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...

surrogacy Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnan ...

child abduction Child abduction or child theft is the unauthorized removal of a Minor (law), minor (a child under the age of Age of majority, legal adulthood) from the Child custody, custody of the child's Parent, natural parents or Legal guardian, legally appo ...

, and

trafficking of children Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour and exploitation. ...

History

Due to large support, the South African government decided on a set of rules and regulations regarding the country's Minors. This was introduced to the public eye in June 2006. Because of the division of powers between the national and Provincial governments, the statute was enacted in two parts. The original act, which was promulgated on 19 June 2006, contained only the provisions dealing with matters falling within the exclusive responsibility of the national government. The Children's Amendment Act, 2007, promulgated on 18 March 2008, amended the act to insert provisions dealing with matters for which the national and provincial governments share joint responsibility. Some provisions of the act, including the reduction of the

from 21 to 18, came into force on 11 July 2007, while the rest came into force on 1 April 2010. Currently, all revisions have been made and are fully in force.

Rights given

In long text, it is an act 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.{{cite web, url=http://www.justice.gov.za/legislation/acts/2005-038%20childrensact.pdf, title=Children Act 38 Of 2005, publisher=

References

External links

Consolidated text of the Children's Act, 2005
South African legislation South African family law Surrogacy 2005 in South African law Childhood in South Africa