Files
Attachment | Size |
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a38-053.pdf | 2.59 MB |
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.
Amends
Commencement
- 1 July 2007, Sections 1 to 11, 13 to 21, 27, 30, 31, 35 to 40, 130 to 134, 305, 307 to 311, 313 to 315 and Schedule 4 (Gazette 30030 of 29 June 2007)
- 1 April 2010, remaining sections on (Gazette 33076 of 1 Apr 2010)
Amendments
The Southern African Legal Information Institute provides a complete amended Act at https://www.saflii.org/za/legis/consol_act/ca2005104/ [Updated to 26 January 2018]
- Amended by Children's Second Amendment Act 18 of 2016
- Amended by Children's Amendment Act 17 of 2016
- Amended by Judicial Matters Amendment Act 8 of 2017
- Amended by Legal Aid South Africa Act 39 of 2014
- Amended by Judicial Matters Amendment Act 42 of 2013
- Amended by Prevention & Combating of Trafficking in Persons Act 7 of 2013
- Amended by Child Justice Act 75 of 2008
- Amended by Children’s Amendment Act 41 of 2007
Repeals