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The Act gives effect to children’s rights in the Constitution, establishes principles for care and protection, and defines parental responsibilities and rights. It provides for children’s courts, contribution orders, adoption and inter-country adoption, including Hague Convention effects, prohibits child abduction, and addresses surrogate motherhood and child-related offences.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/childrens-act-2005-act-no-38-enacted-for-the-rights-and-protection-of-children/610461/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/childrens-act-2005-act-no-38-enacted-for-the-rights-and-protection-of-children/610461.png","ImageObject",300,407,{"name":92,"@type":93},"Lucas Martin","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-30","2026-10-19",true,{"@type":102,"interactionType":103,"userInteractionCount":24},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the purpose of the Children’s Act, 2005?","Question",{"text":112,"@type":113},"It gives effect to certain rights of children in the Constitution, sets out principles for care and protection, defines parental responsibilities and rights, and makes additional provisions regarding children’s courts and related matters.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"When was the Act assented to and published?",{"text":117,"@type":113},"It was assented to on 8 June 2006 and published for general information in the Government Gazette dated 19 June 2006 (No. 28944).",{"name":119,"@type":110,"acceptedAnswer":120},"Which major topics are covered beyond general rights?",{"text":121,"@type":113},"The Act addresses adoption (including inter-country adoption and Hague Convention effects), child abduction and related offences, surrogate motherhood, and matters connected with these provisions.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},610461,1792789768,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":24,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},8796095360427,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","Government Gazette  \nREPUBLIC OF SOUTH AFRICA  \nVol. 492 Cape Town 19 June 2006 No. 28944  \nTHE PRESIDENCY  \nNo. 610 19 June 2006  \nIt is hereby notified that the President has assented to the following Act, which is hereby published for general information:–  \nNo. 38 of 2005 : Children's Act, 2005.  \nAIDS HELPLINE: 0800-123-22 Prevention is the cure  \n2 No. 28944 GOVERNMENT GAZETTE, 19 JUNE 2006  \nAct No. 38,2005 CHILDREN’S ACT, 2005  \nGENERAL EXPLANATORY NOTE:  \n Areas marked with five asterisks indicate omitted provisions which will be inserted by way of an Amendment Bill. That Bill will be dealt with in terms of the procedure prescribed by section 76 of the Constitution-as explained in paragraph  of the Memorandum on the Objects of the Bill.  \n(English text signed by the President.)  \n(Assented to 8 June 2006.)  \nACT  \nTo 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.  \nPREAMBLE  \nWHEREAS the Constitution establishes a society based on democratic values, social justice and fundamental human rights and seeks to improve the quality of life of all citizens and to free the potential of each person;  \nAND WHEREAS every child has the rights set out in section 28 of the Constitution; AND WHEREAS the State must respect, protect, promote and fulfill those rights;  \nAND WHEREAS protection of children’s rights leads to a correspondingimprovement in the lives of other sections of the community because it is neither desirable nor possible to protect children’s rights in isolation from their families and communities;  \nAND WHEREAS the United Nations has in the Universal Declaration of Human Rights proclaimed that children are entitled to special care and assistance;  \nAND WHEREAS the need to extend particular care to the child has been stated in the Geneva Declaration on the Rights of the Child, in the United Nations Declaration on the Rights of the Child, in the Convention on the Rights of the Child and in the African Charter on the Rights and Welfare of the Child and recognised in the Universal Declaration of Human Rights and in the statutes and relevant instruments of specialised agencies and international organisations concerned with the welfare of children;  \nAND WHEREAS it is necessary to effect changes to existing laws relating to children in order to afford them the necessary protection and assistance so that they can fully assume their responsibilities within the community as well as that the child, for the full and harmonious development of his or her personality, should grow up in a family environment and in an atmosphere of happiness, love and understanding,  \n4 No.28944 GOVERNMENT GAZETTE, 19 JUNE 2006 Act No. 38,2005 CHILDREN’S ACT, 2005  \nBE IT THEREFORE ENACTEDby the Parliament of the Republic of South Africa,  \nas   \nTABLE OF CONTENTS  \nCHAPTER 1  \nINTERPRETATION,OBJECTS,APPLICATION AND IMPLEMENTATIONOF  \nACT  \n1. Interpretation  \n2. Objects of Act  \n3. Conflicts with other legislation  \n4. Implementation ofAct  \n5. Inter-sectoral implementation of Act  \nCHAPTER 2  \nGENERAL PRINCIPLES  \n6. General principles  \n7. Best interests of child standard  \n10. Child participation  \n Children with disability or chronic illness  \nAccess to court  \nCHAPTER 3  \nPARENTAL RESPONSIBILITIES AND RIGHTS  \nPart 1  \nAcquisition and loss of parental responsibilities and rights  \narental responsibilit","cbCaij3y9XqA3WDH","https://ap.wps.com/l/cbCaij3y9XqA3WDH","pdf",2711195,109,"English","# Table of Contents\n## Chapter 1 - Interpretation, Objects, Application and Implementation of Act\n## Chapter 2 - General Principles\n## Chapter 3 - Parental Responsibilities and Rights\n## Chapter 4 - Children’s Courts","[{\"question\":\"What is the purpose of the Children’s Act, 2005?\",\"answer\":\"It gives effect to certain rights of children in the Constitution, sets out principles for care and protection, defines parental responsibilities and rights, and makes additional provisions regarding children’s courts and related matters.\"},{\"question\":\"When was the Act assented to and published?\",\"answer\":\"It was assented to on 8 June 2006 and published for general information in the Government Gazette dated 19 June 2006 (No. 28944).\"},{\"question\":\"Which major topics are covered beyond general rights?\",\"answer\":\"The Act addresses adoption (including inter-country adoption and Hague Convention effects), child abduction and related offences, surrogate motherhood, and matters connected with these provisions.\"}]","Children’s Act, 2005 - Act No. 38 - Enacted for the rights and protection of children | PDF",1792378714,275]