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1 REPUBLIC OF SOUTH AFRICACHILDREN S BILL(As amended by the Portfolio Committee on Social Development (National Assembly))(The English text is the off cial text of the Bill)(MINISTER OFSOCIALDEVELOPMENT)[B 70D 2003]ISBN 0 621 34735 3No. of copies printed .. 1 800 GENERAL EXPLANATORY NOTE:**Areas marked with five asterisks indicate omitted provisions which will beinserted by way of an Amendment Bill. That Bill will be dealt with in terms ofthe procedure prescribed by section 76 of the Constitution as explained inparagraph 1 of the Memorandum on the Objects of the give effect to certain rights of children as contained in the Constitution; to setout principles relating to the care and protection of children; to define parentalresponsibilities and rights; to make further provision regarding children s courts;to provide for the issuing of contribution orders; to make new provision for theadoption of children; to provide for inter-country adoption.

2 To give effect to theHague Convention on Inter-country Adoption; to prohibit child abduction and togive effect to the Hague Convention on International child Abduction; to providefor surrogate motherhood; to create certain new offences relating to children; andto provide for matters connected Constitution establishes a society based on democratic values, socialjustice and fundamental human rights and seeks to improve the quality of life of allcitizens and to free the potential of each person;AND WHEREAS every child has the rights set out in section 28 of the Constitution;AND WHEREASthe State must respect, protect, promote and fulfill those rights;AND WHEREAS protection of children s rights leads to a corresponding improvementin the lives of other sections of the community because it is neither desirable norpossible to protect children s rights in isolation from their families and communities;AND WHEREASthe United Nations has in the Universal Declaration of HumanRights proclaimed that children are entitled to special care and assistance.

3 AND WHEREASthe need to extend particular care to the child has been stated in theGeneva Declaration on the Rights of the child , in the United Nations Declaration on theRights of the child , in the Convention on the Rights of the child and in the AfricanCharter on the Rights and Welfare of the child and recognised in the UniversalDeclaration of Human Rights and in the statutes and relevant instruments of specialisedagencies and international organisations concerned with the welfare of children;AND WHEREASit is necessary to effect changes to existing laws relating to childrenin order to afford them the necessary protection and assistance so that they can fullyassume their responsibilities within the community as well as that the child , for the fulland harmonious development of his or her personality, should grow up in a familyenvironment and in an atmosphere of happiness, love and understanding,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,as follows.

4 TABLE OF CONTENTSCHAPTER 1 INTERPRETATION, OBJECTS, APPLICATION AND IMPLEMENTATION of with other of implementation of ActCHAPTER 2 GENERAL interests of child interests of child with disability or chronic , cultural and religious on health to of of of majorityCHAPTER 3 PARENTAL RESPONSIBILITIES AND RIGHTSPart 1 Acquisition and loss of parental responsibilities and responsibilities and responsibilities and rights of responsibilities and rights of married responsibilities and rights of unmarried responsibilities and rights of contact and care to interestsed person by order of of guardianship by order of applications regarded as inter-country claiming of guardianship and , extension.

5 Suspension or restriction of parental responsibilitiesand proceedingsPart 2Co-exercise of parental responsibilities and of parental responsibilities and decisions involving of child by person not holding parental responsibilities and rights351015202530354045 Part 3 Parenting of parenting of access or refusal to exercise parental responsibilities and rightsPart of paternity in respect of child born out of to submit to taking of blood of subsequent marriage of parents on of child born of voidable of child conceived by artificial to biographical and medical information concerning genetic parentsCHAPTER 4 CHILDREN S COURTSPart 1 Establishment, status and s courts and presiding area of jurisdiction of children s children s court may children s court may of children by other court for 2 Court and court may approach representation of at attendance of persons involved in of persons to adduce evidence, question witnesses and of of reports ordered by of court of court case of of matters by clerk of children s court451015202530354045 Part 3 Pre-hearing conferences, family group conferences.

6 Other lay forums and settling ofmatters out of group of matters out of functionsPart 4 Miscellaneous of information relating to **CHAPTER 7 PROTECTION OF CHILDREN**Part 2 National child Protection Register111. Keeping of National child Protection Register112. Confidentiality of National child Protection RegisterPart A of Register113. Purpose of Part A of Register114. Contents of Part A of Register115. Access to Part A of Register116. Disclosure of information in Part A of Register117. Inquiries on information in Part A of RegisterPart B of Register118. Purpose of Part B of Register119.

7 Contents of Part B of Register120. Finding persons unsuitable to work with children121. Disputes concerningfindings122. Findings to be reported to Director-General123. Consequences of entry of name in Part B of Register124. Disclosure of entry of name in Part B of Register125. Access to Part B of Register126. Establishment of information in Part B of Register127. Disclosure of names in Part B of Register prohibited128. Removal of name from RegisterPart 3 Protective measures relating to health of children129. Consent to medical treatment and surgical operation130. HIV-testing131. HIV-testing for foster care or adoption purposes132.

8 Counselling before and after HIV-testing133. Confidentiality of information on HIV/AIDS status of children134. Access to contraceptives**551015202530354045142. Regulations**CHAPTER 9 child IN NEED OF CARE AND PROTECTIONPart 1 Identification of child in need of care and protection150. child in need of care and protection151. Removal of child to temporary safe care by court order152. Removal of child to temporary safe care without court order153. Written notice to alleged offender154. Other children in need of care and protectionPart 2 Children s court processes155. Decision of question whether child is in need of care and protection156.

9 Orders when child is found to be in need of care and protection157. Court orders to be aimed at securing stability in child s life158. Placement of child in child and youth care centre159. Duration and extension of orders160. RegulationsCHAPTER 10 CONTRIBUTION ORDER161. Issue of contribution order162. Jurisdiction163. Effect of contribution order164. Payments to be made to person determined by court165. Attachment of wages of respondent166. Change of residence or work by respondent**CHAPTER 15 ADOPTION228. Adoption229. Purposes of adoption230. child who may be adopted231. Persons who may adopt child232.

10 Register on Adoptable Children and Prospective Adoptive Parents233. Consent to adoption234. Post adoption agreements235. Freeing orders236. When consent not required237. Gathering of information for proposed adoption238. Notice to be given of proposed adoption239. Application for adoption order240. Consideration of adoption application241. Unreasonable withholding of consent242. Effect of adoption order243. Rescission of adoption order244. Effect of rescission245. Recording of adoption in births register246. Registration of birth and recording of adoption of child born outside Republic651015202530354045247.