Children's Act 38 of 2005

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38 of 2005

The Children's Act 38 of 2005 intends:

  • 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 the issuing of contribution orders;
  • 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;
  • to create certain new offences relating to children; and
  • to provide for matters connected therewith.




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