Children's Act, 2005
Encyclopedia
The Children's Act, 2005 (Act No. 38 of 2005) is an act
of the Parliament of South Africa
that consolidates and reforms the law on matters related to children. It deals with topics including the age of majority
, paternity
, custody
, child support
, guardianship, parenting plan
s, children's courts
, day care
, child protection, foster care
, group home
s, adoption
, surrogacy
, child abduction
, and trafficking of children
.
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 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 age of majority
from 21 to 18, came into force on 1 July 2007, while the rest came into force on 1 April 2010.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
that consolidates and reforms the law on matters related to children. It deals with topics including the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
, paternity
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
, custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, guardianship, parenting plan
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...
s, children's courts
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
, day care
Day care
Child care or day care is care of a child during the day by a person other than the child's legal guardians, typically performed by someone outside the child's immediate family...
, child protection, foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
, group home
Group home
A group home is a private residence designed or converted to serve as a non-secure home for unrelated persons who share a common characteristic.-Types of group homes:...
s, adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, surrogacy
Surrogacy
Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...
, child abduction
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
, and trafficking of children
Trafficking of children
Trafficking of children is a form of human trafficking. It is defined as the recruitment, transportation, transfer, harboring, or receiving of children for the purpose of exploitation....
.
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 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 age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
from 21 to 18, came into force on 1 July 2007, while the rest came into force on 1 April 2010.