The cabinet has approved the tabling of the Children’s Amendment Bill 2025, which for the first time codifies child marriage and genital mutilation as explicit criminal offences.
While both practices were previously prohibited under general statutory and constitutional provisions, including the Criminal Law (Sexual Offences and Related Matters) Amendment Act, their enforcement has been uneven.
By designating these acts as standalone crimes, the bill seeks to close interpretive gaps and provide prosecutorial clarity.
According to the department of social development, the provisions “reinforce the constitutional imperative to protect children from harmful practices and ensure uniform enforcement across jurisdictions.”
The bill proposes extensive revisions to the Children’s Act 2005, addressing long-standing weaknesses in child protection, care, and welfare services.
It was gazetted for public comment following the cabinet’s endorsement on September 25 and is expected to be introduced in Parliament during the fourth term.
The department said the bill was a response to “persistent implementation failures and emerging social realities,” including the legal status of baby boxes, the rights of migrant children, and the backlog in foster care placements.
New definitions are introduced to clarify statutory obligations, including “abandoned child”, “unaccompanied migrant child”, and “separated migrant child”.
The bill prohibits the use of baby boxes as a form of abandonment; it also inserts a new section to guarantee children’s right to privacy and protection of personal information, aligning with the Protection of Personal Information Act, 2013 (Popia).
The Children’s Amendment Bill 2025 closes long-standing legal gaps by explicitly criminalising child marriage and genital mutilation. It strengthens protections for vulnerable children, introduces new definitions for migrant and abandoned children, and enhances oversight of care services. The bill aims to ensure consistent enforcement across South Africa, addressing systemic failures and aligning with constitutional protections.
In relation to parental responsibilities and rights, the bill codifies automatic parental rights for unmarried fathers who meet specified criteria, including cohabitation during conception or demonstrable care and financial support.
Certification of these rights will fall under the purview of family advocates, with cultural and community traditions considered in dispute resolution.
The bill further mandates mediation prior to litigation in residence disputes, consistent with the Children’s Act’s emphasis on alternative dispute resolution mechanisms.
It establishes the post of Registrar of the National Child Protection Register and strengthens both Part A (records of abused children) and Part B (persons unsuitable to work with children).
It imposes mandatory obligations on SAPS, schools, child centres, and NGOs to consult the register prior to employment decisions. Individuals listed in Part B may apply for removal if wrongly recorded, subject to procedural safeguards.
Jurisdiction of children’s courts is extended to regional courts, and admissibility of expert reports is clarified to ensure procedural consistency.
Expanded reporting duties for professionals
Reporting duties for professionals — including educators, health workers, and religious leaders — are expanded, with penalties for non-compliance.
The bill also sets out new standards for partial care facilities, prioritising funding in poor wards and mandating disability-inclusive infrastructure. Facilities must be registered and subject to inspection; operating without registration constitutes an offence.
In the area of adoption, the bill aligns domestic law with the Hague Convention and treats guardianship applications by non-South Africans as inter-country adoptions unless exceptional circumstances apply.
Adoption services must include counselling, assessments, and aftercare.
Surrogacy provisions are updated to recognise life partnerships, and children born via artificial fertilisation are legally deemed children of the consenting partners.
The bill permits state-funded medical testing, including HIV testing, for children in care or adoption processes. This provision is intended to facilitate placement decisions and ensure appropriate health interventions.
