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Summary of the Children’s Act

The following is a summary of the chapters in the Children’s Act:

  • Chapter 1: Interpretation, objects, application and implementation of the Act.
  • Chapter 2: General principles underlying the Bill and the best interest of the child; it provides for children’s rights and deals with the issues such as child participation, harmful social, cultural and religious practices, access to children’s courts and the age of majority.
  • Chapter 3 Parental responsibilities and rights and court orders linked to parental responsibilities and rights; this chapter also provides for the rights of fathers, presumption of paternity, parenting plans and the rights of children conceived by artificial fertilisation.
  • Chapter 4: The functioning, powers and jurisdiction of children’s courts and proceedings before the children’s courts.
  • Chapters 5, 6, 11, 13 and 14: Partial care, the definition of early childhood development and early childhood development services, children in alternative care, child and youth care centres and shelters and drop-in centres.
  • Chapters 7, 9 and 10: Protection of children, the National Child Protection Register and the identification of children in need of care and protection and contribution orders.
  • Chapter 8: Provides for prevention and early intervention as a first layer of services provided to children and families in need of assistance.
  • Chapter 12 deals with foster care and care by family members.
  • Chapters 15 and 16: Adoption and adoption between countries.
  • Chapter 17: Give effect to the Hague Convention on the Civil Aspects of International Child Abduction.
  • Chapter 18: Gives effect to the UN Protocol to Prevent Trafficking in Persons.
  • Chapter 19: Surrogate motherhood.
  • Chapter 20: Enforcement of the Bill through powers of inspection and the creation of offences.
  • Chapters 21 and 22 of the Bill deal with general administrative issues and other matters
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