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. It is located in Cape Town; the country's legislative capital city, capital. Under the present Constitution of South Africa, the bicameralism, bicameral Parliamen ...

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 a person ceases to be considered a minor (law), minor, and assumes legal control over their person, actions, and decisions, thus te ...

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 (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...

, 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 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 is excised. T ...

day care Child care, also known as day care, is the care and supervision of one or more children, typically ranging from three months to 18 years old. Although most parents spend a significant amount of time caring for their child(ren), childcare typica ...

child protection Child protection (also called child welfare) is the safeguarding of children from violence, exploitation, abuse, abandonment, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions ...

foster care Foster care is a system in which a minor has been placed into a ward, group home ( residential child care community or treatment centre), 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, care home (the latter especially in British English and Australian English), adult family home, etc., is a structured and supervised residence model that provides assisted living as well as medical car ...

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, fro ...

surrogacy Surrogacy is an arrangement whereby a woman gets pregnant and gives birth on behalf of another person or couple who will become the child's legal parents after birth. People pursue surrogacy for a variety of reasons such as infertility, danger ...

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 appoi ...

, and

trafficking of children Trafficking of children, also known as child trafficking, is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, harbouring, or receipt of a child" for the purpose of slavery, forced labour, and s ...

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