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Children’s Act 38 of 2005

Government of the Republic of South Africa Country Resources Child and Youth General Policies, Laws, Strategies & Plans, Service Standards South Africa 8 June 2006 Legislation/regulation child and adolescent, child/youth protection

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Assented to: 8 June 2006
Commencement date: 1 July 2007
Commencement date of remaining sections of the Children’s Act, 2005 (Act No. 38 of 2005) in terms of section 315 of the Children’s Act, 2005: 1 April 2010

As amended by
Children’s Amendment Act 41 of 2007 – Commencement date: 1 April 2010
Child Justice Act 75 of 2008 – Commencement date: 1 April 2010.

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.

For ongoing amendments and the latest version of the law please refer to


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