Government Invites Public Feedback on Children’s Amendment Bill 2025 to Bolster Child Rights and Welfare
Pretoria – The Department of Social Development has called on South Africans to share their views on the newly gazetted Children’s Amendment Bill 2025, a major update aimed at closing gaps in child protection laws. Published on 26 September 2025, the bill seeks to strengthen safeguards for young ones, from privacy rights to better support for abandoned kids and clearer rules for unmarried dads. With 130 clauses packed with changes, it tackles everything from adoption processes to surrogacy deals, all while putting the child’s best interests front and centre. As the country deals with rising cases of abuse and family breakdowns, this legislation could make a real difference in keeping families strong and kids safe.
The move comes after years of talks and earlier drafts, with the department hailing it as a big step forward in child welfare. But not everyone is on board – some groups worry about parts that might affect safe ways for moms to give up babies. Comments are open for 30 days, giving people until late October to weigh in and help shape the final version.
Call for Comments and How to Get Involved
Minister Nokuzola Sisisi Tolashe, who oversees social development, has urged anyone with a stake in child issues to send in written thoughts on the bill. You can find the full draft in the Government Gazette, and extra background on why these changes are needed is up on the department’s website. The cutoff is 30 days from the gazette date, so aim for 26 October 2025 to be safe.
To join in, stick to the set format: Give your name or group’s details with an email if possible, point out which clause you’re talking about, suggest how to fix it, and explain why. Send by post to the department’s private bag in Pretoria, drop off at their spot on Pretorius Street, or email the listed contacts. This setup makes sure feedback is clear and useful for tweaking the bill.
Key Updates to Definitions and Basic Rights
The bill kicks off with fresh takes on key terms to match today’s realities. For starters, an “abandoned child” now covers kids left in baby boxes or given up safely, plus those with no contact from parents for three months or whose folks can’t be found. This aims to help more little ones get quick care without legal hold-ups.
Adoption services get a boost too, adding after-care for new families to check how things are going. “After-care” itself expands to include help from social helpers for adjustments after placement or going home. Care now means a safe spot to live that’s good for health and growth, with money support if needed.
New bits define inter-country adoption clearly, plus terms for migrant kids who are alone or split from family. Sexual abuse links straight to the 2007 law on sex crimes, and temporary safe care focuses on approved spots like child centres, ditching shelters or random places for better safety.
On rights, kids get stronger privacy shields under laws like POPIA and the Child Justice Act. The bill bans unfair bias based on health or other grounds, and pushes for setups that fit kids with special needs. It also says the act covers South African kids in trouble abroad, widening the safety net.
Strengthening Rights for Unmarried Fathers and Family Setups
One big shift is for dads not married to the mom. The bill makes it easier for them to get full parental duties and say-so if they were living with the mom at conception or birth, or if they help with care and costs. A family helper can issue a certificate to confirm this, especially if the mom’s gone or left the child. But it factors in cultural and traditional ways before deciding.
If there’s a fight, mediation comes first with a social expert. The bill adds a new bit on where the child lives – parents must agree, thinking of what’s best for the kid, like sharing time or staying with one. No deal? Mediate before court.
Parenting plans can now be changed or ended with a form explaining why, and kids old enough get a say in rights deals. Courts can hand out or tweak parental roles, even stopping them if needed, and must know about other cases involving the kid to avoid mess-ups.
Reforms to Adoption and Inter-Country Processes
Adoption gets a makeover to make it smoother and fairer. The register for adoptable kids and parents now matches them up, and pulls names once a match happens. Consent for giving up a child lasts 60 days for pulling back, and post-adoption pacts let birth folks stay in touch if it’s good for the kid – courts can okay or push for them.
No need for consent if the dad’s out due to rape or trafficking, proved on balance, without a full trial. Applications need reports from adoption social workers and proof the setup meets rules. Rescinding an adoption goes by court rules, with notices to more folks like the adoption boss.
For services, departments’ social workers can now do adoptions, and bosses can pull approvals if things go wrong. Notices replace ads for finding parents, with guidelines. Inter-country stuff gets mandatory reports and agreements, with pull-back of okay anytime before court if best for the child. Dispenses some rules for family or joint parent cases. Foreign adoptions get recognised easier, even for grown-ups if valid abroad, and refused ones mean sending the kid home.
Tightening Rules on Surrogacy and Artificial Fertilisation
Surrogacy deals must show everyone’s fit, with new must-haves like psychologist checks, agency details if involved, past surrogacies, medical risks, how parties met, mom’s money situation, payment proofs, other deals, and insurance costs. No ending the pact after starting pregnancy, except in set cases.
The bill calls for rules on what anyone in surrogacy must do, chatting with justice, home affairs, and health ministers. For fertilisation, the birth mom is the legal one, and her partner (spouse or life mate) counts too, with no ties to donors unless they’re the mom or partner.
Boosting Child Protection and Care Services
The bill adds a registrar for the child protection list to handle unfit folks better. For care cases, courts can extend orders if fair, and transfer if better for the kid. Reports from experts are okay if signed and look real.
Inspections drop shelters, focusing on centres and partial care. Offences add breaking privacy or other new rules, with penalties up to jail. Partial care for over six kids stays, but state spots for under six can register. Funding skips private homes, prioritises poor areas and disabilities.
Early learning must fit kids’ needs, and reports for hurt or abused kids follow set steps. No one on the bad list can run or work at care spots. Delegations let MECs team with groups for services.
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