As stated in the long title of the Bill, the Children’s Bill gives effect to certain rights of children as contained in the Constitution, sets out principles relating to the care and protection of children, defines parental responsibilities and rights, makes further provision regarding children’s courts, provides for the issuing of contribution orders, makes new provision for the adoption of children, provides for inter-country adoption, gives effect to the Hague Convention on Inter-Country Adoption, prohibits child abduction and gives effect to the Hague Convention on International Child Abduction, provides for surrogate motherhood, creates certain new offences relating to children and provides for matters connected therewith.

This chapter contains a list of definitions for terms used in the Bill in clause 1 and sets out the objects of the Bill in clause 2. Clause 3 determines how conflicts between the Bill and other legislation should be dealt with and clauses 4 and 5 establish guidelines for the implementation and specifically the inter-sectoral implementation of the Bill. The part of the Bill dealing with definitions, for instance, defines a child as a person under the age of 18 years. This is in line with the Constitution and international instruments such as the United Nations Convention on the Rights of the Child and the African Charter on Children’s Rights. The Bill also uses the new terms "care" and "contact" in addition to the existing terms "custody" and "access".

Chapter 2 contains various principles for general application in matters involving children. Clause 6 of the Bill contains a list of principles to guide decision-makers in the implementation of the Act, and includes issues such as respect for a child’s inherent dignity, the protection of a child from unfair discrimination on any ground and recognition of the special needs that a child with a disability may have. The Bill provides in clause 7 for several factors to be taken into account whenever the "best interest of the child standard" is applied. Clause 8 imposes a duty on organs of state to respect, protect and promote the rights of children, while at the same time including natural and juristic persons under the auspices of the Bill. Clause 9 provides that in all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance must be applied.

Other important issues covered in this chapter are the right of a child to participate in a matter concerning that child as provided in clause 10, the right to have access to health information as determined in clause 13 and a child’s right of access to court and to enforce his or her rights as established in clauses 14 and 15. Specific provision is made for children with a disability or chronic illness in clause 11 and a child’s right not to be subjected to social, cultural and religious practices detrimental to the child’s well-being is stated in clause 12. The principle that children also have responsibilities is recognised in clause 16. In clause 17 the age of majority is set at the age of 18. This is in line with the definition of "child" in the Constitution, this Bill and international instruments relating to children. Various South African statutes that stipulate a particular age for allowing certain activities or granting particular rights use the age of 18. Examples of such legislation are the Electoral Act of 1998, the Births and Deaths Registration Act of 1992, the National Road Traffic Act of 1996, the Recognition of Customary Marriages Act of 1998, the Liquor Act of 1989 and the National Gambling Act of 2004. By stipulating 18 as the age of majority the grey area that currently exists with regard to persons between the ages of 18 and 21 will also be eliminated.

South African law has no single definition of a "family". Different pieces of legislation recognise individual relationships for particular purposes. It is clear, however, that the traditional nucleus family form, based on the relationship of a married man and woman and their biological or adopted children, does not reflect the reality of South African society. This diversity of family forms is not unique to South Africa or even the African continent, and is increasingly encountered throughout the world.

The Children’s Bill therefore contains a definition of "family member" that is relationship-focussed and entrenches a non-traditional approach to families. This definition deliberately goes beyond the traditional concept of the nucleus family to include grandparents, brothers, sisters, uncles, aunts and cousins, any person who has parental responsibilities and rights in respect of a child as well as persons with whom a child has developed a significant relationship resembling a family relationship. Different parental responsibilities and rights may be assigned to these persons.

The move away from the common-law concept of "parental power" to that of "parental responsibilities and rights" is one of the core principles underlying the Children’s Bill. The Bill retains the responsibilities and rights that persons have in respect of a child as developed by the common law, but specifically determines that parental rights and responsibilities include the responsibility and right to –

(a) care for the child;

(b) maintain contact with the child;

(c) act as the guardian of the child; and

(d) contribute to the maintenance of a child.

The Children’s Bill stipulates in clauses 19 and 20, respectively, that the biological mother of a child and the married father of a child have full parental responsibilities and rights in respect of her or his child. Apart from his responsibility to maintain his child, an unmarried father currently has no automatic rights and responsibilities with regard to his child. An important new innovation of the Bill is the granting to unmarried fathers of full parental responsibilities and rights with regard to their children if such fathers comply with the conditions set out in clause 21.

Clause 22 makes provision for the biological father of a child who does not have parental responsibilities and rights in terms of another provision of the Bill or a court order, and any other person having an interest in the care, well-being and development of a child, to obtain parental responsibilities and rights by agreement with the mother or other holder of parental responsibilities and rights. Failing an agreement, a person interested in the care, well-being and development of a child may apply to court in terms of clause 23 for an order assigning contact with or care of the child to the applicant. An application for guardianship of a child may be brought in terms of clause 24. To ensure that guardianship applications by foreigners do not lead to the adoption of South African children in other countries without complying with adoption investigations and screening of prospective adoptive parents, clause 25 determines that applications for guardianship by non-South African citizens should be regarded as inter-country adoptions in terms of Chapter 16.

Provision is made in clause 26 for the father of a child who is not married to the mother, to be acknowledged as the father of the child in the births register or by order of court. The Bill provides in clause 27 for the assignment of parental responsibilities and rights to other persons in the event of the death of a parent who is the sole natural guardian or who has sole care of a child. Clause 28 provides for the termination, extension, suspension or restriction of parental responsibilities and rights.

Clause 30 of the Bill provides that more than one person may hold parental responsibilities and rights in respect of the same child and contains measures with regard to the manner in which these responsibilities and rights should be exercised. In the event of major decisions involving a child, such as aspects relating to contact with the child or decisions that is likely to significantly change the child’s living conditions, education or health, clause 31 requires the decision-maker to give due consideration to any views and wishes expressed by the child and any co-holder of parental responsibilities and rights in respect of the child. Persons not holding parental responsibilities and rights may exercise in terms of clause 32 any responsibilities or rights in respect of a child to protect the child from maltreatment, abuse et cetera and to safeguard the child’s health, well-being and development, including to consent to medical treatment.

Another new innovation of the Children’s Bill is the concept of parenting plans. Clause 33 provides for parenting plans and stipulates that co-holders of parental responsibilities and rights who are experiencing difficulty in exercising their responsibilities and rights must, before seeking the intervention of a court, agree on a parenting plan determining the exercise of their respective parental responsibilities and rights. Formalities regarding parenting plans are detailed in clause 34. An important requirement is that parenting plans must either be registered with the family advocate or be made an order of court. Clause 35 provides for the amendment or termination of parenting plans.

Clauses 36 and 37 deal with a presumption of paternity in certain instances and the taking of blood samples in respect thereof. The Children’s Bill provides in clause 38 that a child born of parents who marry each other after the birth of that child must be regarded as a child born of parents married at the time of his or her birth. The rights of children born of voidable marriages and by means of artificial fertilisation are set out in clauses 39 and 40 respectively, while clause 41 determines the circumstances when a child may have access to information regarding his or her biological parents.

The court as an effective decision-making forum for children in need of alternative care and protection is a key component of the Bill as the courts have an important role to play in upholding the rights of children. Every magistrate’s court is a children’s court in terms of clause 42 of the Bill and children’s courts have the same status, similar jurisdiction, similar appeal provisions and the same rules and proceedings as magistrate’s courts as provided in clauses 43, 44, 51 and 52 respectively. Clause 45 sets out the matters that children’s courts may adjudicate. The Bill however accords broader jurisdiction to the children’s courts to enable such courts to make a wider range of orders, as provided in clauses 46 and 48. Clause 47 determines that other courts may refer matters to the children’s court. Other powers of the children’s court includes ordering lay forum hearings in terms of clause 49 and ordering a person in accordance with clause 50 to carry out an investigation and furnish the court with a report. A lay forum hearing may include mediation or a family group conference.

This chapter also makes provision for the following formalities and technical requirements: persons who may approach the children’s court (clause 53), legal representation (clause 54), attendance and compulsory attendance at proceedings (clause 56 and 57), the right to adduce evidence, question witnesses and produce argument (clause 58), summoning of persons as witnesses (clause 59), the conduct of proceedings (clause 60), ordering professional reports (clause 62), producing evidence (clause 63), adjournments (clause 64) and the protection of court case records (clause 66). A child may be represented independently in court proceedings and clause 55 states that the court must refer a child to the Legal Aid Board for legal representation if the court is of the opinion that it would be in the best interest of the child. Another important new development is the obligation imposed on the children’s court by clause 61 to allow the participation of children in the proceedings. Clause 65 gives the children’s court the power to monitor compliance with an order it has made or monitor the circumstances of a child following an order it has made.

Clause 67 provides for the appointment of clerks of the children’s court and clause 73 deals with their other functions. Clause 68 determines that a clerk of the children’s court must refer a child in need of care and protection that comes to the attention of the clerk, to the children’s court. Alternative procedures for dealing with conflict in children’s court matters are provided for in clause 69 authorising pre-hearing conferences, clause 70 providing for family group conferences, clause 71 on other lay-forums and clause 72 with regard to settling matters out of court. Clause 74 prohibits the publication of information relating to proceedings of the children’s court except with permission of the court and clause 75 enables the Minister of Justice and Constitutional Development to make regulations concerning children’s courts and children’s courts powers and procedures.

These chapters will be dealt with in the Amendment Bill to be passed in accordance with section 76 of the Constitution.

Chapter 7 deals with the protection of children from harmful actions such as abuse and neglect. Abuse and neglect are therefore specifically defined in the Bill. Part 1 of chapter 7 will be dealt with in the Amendment Bill to be passed in accordance with section 76 of the Constitution.

One of the most important new measures for the protection of children contained in this Bill is the National Child Protection Register. The Bill imposes a duty in clause 111 on the Director-General of Social Development to keep and maintain a register to be called the National Child Protection Register, and determines that the register consists of a Part A and a Part B. Due to the nature of the information to be contained in the register, clause 112 determines that the register must be kept confidential and that information may only be accessed and disclosed as provided for in the Bill. In terms of clause 113 the purpose of Part A of the register is, amongst others, to have a record of abuse and deliberate neglect inflicted upon specific children and to use the information on the register to protect these children from further abuse and neglect. Clause 114 stipulates the information to be contained in Part A of the Register. Clause 115 determines who has access to the Register, while clause 116 prohibits the disclosure of information except for stipulated reasons. Clause 117 regulates the conditions for and manner of enquiries about information in Part A of the Register.

In terms of clause 118, the purpose of Part B of the Register is to establish a record of persons unsuitable to work with children in order to protect children in general from these persons. Clause 119 describes the information to be contained in Part B of the Register. Clause 120 describes the process to be followed to find persons unsuitable to work with children. A procedure for disputes concerning findings and the manner in which findings have to be reported to the Director-General is determined in clauses 121 and 122. Clause 123 sets out the consequences of the entry of a person’s name into the Register and stipulates, amongst others, that a person found unsuitable to work with children may not manage, operate, work with or have access to any children at an institution providing welfare services to children, including a child and youth care centre, partial care facility, a shelter or drop-in centre or a school. Clause 124 imposes a duty on a person whose name is entered in Part B of the Register and who works with or have access to children, to disclose the fact to his or her employer. A person who fails to disclose this information is guilty of misconduct and his or her services may be terminated as a result thereof.

Clause 125 determines who has access to the Register and clause 126 imposes a duty on a manager or operator of an institution providing welfare services to children, on child protection organisations and on the SA Police Service to ascertain whether the names of their employees and prospective employees appears in Part B of the Register. Clause 127 prohibits the disclosure of names in Part B of the Register and clause 128 sets out the procedure for applying for the removal of a name from Part B of the Register, but also states that the name of a person convicted of an offence with regard to any child more than once may not be removed from the Register.

The Bill covers various issues relating to the health of children, such as consent to medical treatment or surgical operations in clause 129, HIV-testing (clause 130), HIV-testing for foster care or adoption purposes (clause 131), counselling before and after HIV-testing (clause 132), confidentiality of information on the HIV/AIDS status of children (clause 133) and access to contraceptives (clause 134).

This chapter will be dealt with in the Amendment Bill to be passed in accordance with section 76 of the Constitution.

The Bill retains the criteria in terms of which a child may be found to be in need of care as listed in section 14(4) of the Child Care Act, 1983. The Bill has, however, broadened the categories of children that may be found in need of care and protection in clause 150. In clause 150(2) there are also categories of children indicated that are not necessarily children in need of care and protection, but who are found in circumstances that may mean they are in need of care and protection. These are children who are victims of child labour, unaccompanied foreign children, children who are victims of trafficking, street children and children in child-headed households.

The court may order that a child that may be in need of care and protection be referred to a social worker for investigation in terms of clause 151. The court may simultaneously order that the child be placed in temporary safe care if necessary for the safety and well-being of the child. In terms of clause 152 a police official or a designated social worker may, without a court order, remove a child to temporary safe care if there are reasonable grounds for believing that the child is in need of care and protection and that the delay in obtaining a court order may jeopardise the safety and well-being of the child. Misuse of this power by a designated social worker constitutes unprofessional conduct as contemplated in the Social Service Professions Act, 110 of 1978 and is a ground for an investigation into the possible withdrawal of that organisation’s designation. Misuse of this power by a police official is a ground for disciplinary proceedings against such police official as contemplated in section 40 of the South African Police Service Act, 68 of 1995. Another new innovation in clause 153 is the inclusion of a power for police officials to issue a written notice to an alleged offender to leave the home or place where a child resides if this would be in the best interest of the child. The person must appear before the court on the first court day after the day on which the written notice was issued to advance reasons why he or she should not be permanently prohibited from entering such home or place.

The Bill prescribes the process to be followed when a decision is to be made whether a child is in need of care and protection in clause 155. Before the child is brought before the children’s court, a designated social worker must investigate the matter and within 90 days compile a report on whether the child is in need of care and protection. If the social worker finds a child to be in need of care and protection subsequent to the investigation, the child must be brought before the children’s court. The social worker’s report may also indicate other measures recommended for assisting the family. Where the court finds a child in need of care and protection, the court may make any one of a number of possible orders as provided for in clause 156. These orders include orders confirming control over a child, returning a child to the control of the person under whose control such child was before the placement in temporary safe care, placement of the child in partial care or alternative care, treatment orders and interdicts aimed at preventing the continuation of abuse of a child.

All children removed to temporary safe care and all social worker investigations must be reported to the relevant provincial department of Social Development. This will enable the department to follow up on the progress made with cases and assist the provinces in providing the Director-General of Social Development with information for purposes of Part A of the National Child Protection Register, while at the same time serving as a source of information and statistics for the departments.

In an attempt to avoid children remaining in substitute care arrangements for many years, the Bill provides in clause 157 for the stable placement of children in certain circumstances. A social worker must compile a report for consideration by the court, which report must include a permanency plan aimed at achieving stability in the child’s life. Clause 158 authorises a court to place a child in a child and youth care centre only if another option is not appropriate. Clause 159 contains measures on the duration and extension of orders and clause 160 enables the Minister to make regulations.

The Bill retains the concept of contribution orders. Provision is therefore made in clause 161 for the children’s court to make an order instructing a respondent to pay a sum of money or a recurrent sum of money as a contribution towards the maintenance of a child placed in alternative care or temporarily removed by the court or as a short-term emergency contribution towards the maintenance or treatment of a child in urgent need. Clause 162 deals with the jurisdiction of the court and clause 163 states what the effect of a contribution order is. Clause 164 provides that contribution orders may be paid to the clerk of the children’s court or such other person as the court may determine. Clause 165 allows for the attachment of the wages of a respondent and clause 166 requires a respondent against whom a contribution order is in force to give notice of any change of address or place of work.

These chapters will be dealt with in the Amendment Bill to be passed in accordance with section 76 of the Constitution.

Chapter 15 of the Bill deals with the adoption of children. Clause 228 describes adoption and clause 229 sets out the purposes of adoption. In line with the principle that the best interest of the child is paramount, the focus in cases of adoption is placed on the child and the adoptability of the child. Clause 230 stipulates when a child may be adopted and sets out the criteria to determine whether a child is adoptable. In order to expand the pool of prospective care-givers in respect of a child, the Bill provides in clause 231 that partners in a permanent domestic life-partnership and persons who share a common household and form a permanent family unit may also adopt a child jointly. This is supported by the Constitutional Court in the du Toit-de Vos case which held that same-sex life partners should be allowed to jointly adopt children where they are found to be suitable parents.

Another new innovation in the Children’s Bill is the introduction of the Register on Adoptable Children and prospective Adoptive Parents (RACAP) in clause 232. The purpose of the RACAP is to keep a national record of adoptable children and fit and proper adoptive parents. There is no central data-base at present where information of this nature can be obtained and adoption social workers and child protection organisations performing adoptions have to liaise informally with each other to exchange information about adoptable children and fit and proper parents.

A child may be adopted only if consent for the adoption has been given by each parent of the child and any other person who holds guardianship in respect of the child as required by clause 233. To make clear provision for so-called "open" adoptions, clause 234 provides for post adoption agreements. This is also a new concept. Adoption traditionally severs all ties between a child and the child’s biological parents. Where a post-adoption agreement has been entered into, the biological parents and the adoptive parents may agree to allow contact between the child and the biological parents or between the child and other biological family or other persons as stipulated in the agreement after the adoption.

A court may issue a freeing order in terms of clause 235, thereby freeing a parent or person whose consent is required for the adoption of a child from parental responsibilities and rights in respect of the child pending the child’s adoption. Clause 236 details the circumstances when consent will not be required for the adoption of a particular child and clause 237 determines the steps to be taken and the information to be obtained by the clerk of the children’s court with regard to an adoption. When a child becomes available for adoption, it is the duty of the clerk of the children’s court to take reasonable steps to establish the name and address of each person whose consent for the adoption is required, including those persons whose consent would have been necessary had it not been for clause 236, and the grounds on which such person’s consent is not required. Clause 238 requires the clerk of the children’s court to serve a notice on each person whose consent is required for the adoption.

Clause 239 prescribes the manner in which an adoption application must be made to court and clause 240 stipulates the relevant factors that the court should take into account in the consideration of adoption applications. Factors stipulated include the religious and cultural background of the child, the child’s parents and the prospective adoptive parents, all reasonable preferences expressed by a parent and a social worker’s report on the proposed adoption. Where the court finds that consent has been withheld unreasonably, the court may, despite the absence of such consent, grant an order for the adoption of the child should this be in the best interest of the child in terms of clause 241.

The Bill further deals with the effect of an adoption order in clause 242, the rescission of adoption orders and the effect of the rescission (clauses 243 and 244), the recording of adoptions in the births register (clause 245), the registration of birth and the recording of adoption of a child born outside the Republic (clause 246), the adoption register (clause 247) and access to the adoption register (clause 248). The Bill clearly states in clause 249 that no consideration may be paid for adoptions apart from exceptions specifically stipulated. Clause 250, amongst others, determines that only social workers and child protection organisations accredited in terms of clause 251 to perform adoption work will be allowed to provide an adoption service. Clause 252 regulates advertising of children for placement or adoption and clause 253 authorises the Minister to make regulations with regard to adoption.

In the modern world children face risks in a variety of cross-frontier situations. Children may be the subject of parental abduction. Children who run away face the multiple risks which confront the unaccompanied child in an alien environment. Some children are the subject of unregulated inter-country adoption. Other forms of cross-border illicit transfer for the purpose of economic or sexual exploitation of children also occur. Children may be displaced through war, civil disturbance or natural disaster. This illustrates the need for international co-operation at all levels in order to ensure the protection of such children. The Bill therefore addresses the issues of inter-country adoptions (chapter 16), child abduction (chapter 17) and trafficking in children (chapter 18). The inter-country adoption of children is supported by the Constitutional Court ruling in the Fitzpatrick case, which held that prohibiting the adoption of a South African born child by non-South Africans is inconsistent with section 28 of the Constitution which requires that the best interests of a child is paramount in every matter concerning the child.

The purposes of this chapter as indicated in clause 254 are to give effect to the Hague Convention on Inter-country Adoption, to provide for the recognition of foreign adoptions and to find fit and proper parents for adoptable children. Clause 255 provides for international co-operation and clause 256 gives the Hague Convention on Inter-country Adoptions force of law. Clause 257 appoints the Director-General as the Central Authority for the Republic and clause 258 contains details on the performance of functions and the delegation of powers and duties. Clause 259 provides for the accreditation of child protection organisations for inter-country adoptions and clause 260 allows these organisations to enter into adoption working agreements with their foreign counterparts.

Clause 261 provides for the adoption of South African children by persons in convention countries, while clause 262 makes similar provision with regard to adoptions by persons in non-convention countries. Clause 263 authorises the Central Authority to issue adoption compliance certificates. Clause 264 provides for the adoption of children from convention countries by persons in the Republic and clause 265 makes similar provision for the adoption of children from non-convention countries. Clause 266 deals with the recognition of inter-country adoption of children from convention countries, clause 267 determines the evidentiary value of adoption compliance certificates of convention countries and clause 268 and 269 respectively deal with the recognition of inter-country adoption of children from non-convention countries and the effect of the recognition of an inter-country adoption.

Refusal to recognise an inter-country adoption or an Article 27 (of the Convention) decision is provided for in clause 270 and clause 271 provides for an application to court for the inter-country adoption of children in the event of the Central Authority refusing the adoption. Clause 272 provides for access to information for a person older than 18 years who was adopted as a child and clause 273 prohibits the processing or facilitation of an inter-country adoption otherwise than in terms of this chapter.

The purposes of this chapter according to clause 274 are to give effect to the Hague Convention on International Child Abduction and to combat parental child abduction. Clause 275 determines that the Hague Convention on International Child Abduction has force of law in the Republic. Clause 276 appoints the Chief Family Advocate as the Central Authority for the Republic and clause 277 provides for the delegation of powers and duties. The remaining clauses of this chapter deal with the powers of the court (clause 278), legal representation of the child concerned (clause 279) and the power of the Minister of Justice and Constitutional Development to make regulations.

Trafficking in persons is an ever-increasing international problem and specific action is required to combat it. Trafficking as such is not an offence in South Africa at this stage, but this chapter aims to change that. Clause 281 determines that the purposes of this chapter are to give effect to the UN Protocol to Prevent Trafficking in Persons and generally to combat trafficking in persons. Clause 282 determines that the UN Protocol to Prevent Trafficking in Persons has force of law in the Republic. Clause 283 provides for international co-operation. Clause 284 prohibits trafficking in children, for the first time making trafficking as such an offence in South Africa. Clause 284 goes further and prohibits behaviour facilitating trafficking, creating another new offence. Clause 286 requires South African state departments to render assistance to children who are victims of trafficking. Clause 287 authorises the court to place a child in temporary safe care and to suspend the parental responsibilities and rights of a person reasonably believed to have trafficked his or her child or who has allowed his or her child to be trafficked. Clause 288 requires that a child who is a victim of trafficking should be reported and be referred to a designated social worker in terms of clause 289. Clause 290 provides for the repatriation of children who are victims of trafficking and clause 291 provides for extra-territorial jurisdiction in certain instances.

A surrogate mother is a woman who, usually before becoming pregnant, agrees to bear a child for another person or for a couple (the "commissioning" person or couple) with the explicit intention of handing over the child to the commissioning person or couple after the birth. It is further intended by the parties to this agreement that the child should become, for all legal purposes, the child of the commissioning person or couple and that neither the surrogate mother, nor her husband or partner, should have any parental responsibilities and rights in respect of the child.

There is as yet no legislation in South Africa dealing specifically with surrogacy arrangements, and the only way in which the commissioning person or couple can become the legal parents of the child is by adopting such child, even if the surrogate mother is prepared to give effect to the surrogacy agreement and hand over the child to the commissioning person or couple. If the surrogate mother breaches the agreement and refuses to hand over the child to the commissioning person or couple, it seems likely that the South African courts will regard the agreement as contra bonos mores and hence unenforceable. It is therefore important to adopt legislation that addresses the status of children born of surrogacy. The Bill on Surrogate Motherhood proposed by an ad hoc Parliamentary Committee has been incorporated into the Children’s Bill as it deals with the rights of parents and children involved in a surrogate motherhood agreement.

Clause 292 determines that a surrogate motherhood agreement must comply with certain requirements and be confirmed by the High Court before it is valid. Clause 293 requires that the husband, wife or partner of a commissioning parent must consent to the agreement if the commissioning parent is involved in a permanent relationship. In terms of clause 294 the conception of the child must be effected through the use of the genetic material of one or both the commissioning parents. Clause 295 stipulates an additional set of requirements to be complied with before the court may confirm the agreement.

Clause 296 determines when the artificial fertilisation of the surrogate mother may take place and clause 297 deals with the effect of the surrogate motherhood agreement on the status of the child. Clause 298 provides for the circumstances when a surrogate motherhood agreement may be terminated, while clause 299 sets out the effects of the termination of a surrogate motherhood agreement. Clause 300 provides for the termination of the pregnancy. Clause 301 prohibits payments for surrogacy, except for certain expenses as stipulated. Clause 302 protects the identity of the parties involved and clause 303 prohibits certain acts such as revealing for compensation that a person is willing to enter into a surrogate motherhood agreement.

This chapter deals in clause 304 with the inspection of child and youth care centres, partial care facilities, shelters and drop-in centres. Clause 305 creates the various offences that persons may be guilty of for contravening the provisions of the Bill and determines the sanctions that may be imposed.

This chapter deals in clause 306 with the power of the Minister to make regulations in terms of the Act, the delegation of powers and duties by the Minister (clause 307), the assignment of powers and duties by the Minister (clause 308), the delegation of powers and duties by MECs for social development (clause 309), the delegation of powers and duties by the Director-General (clause 310), the delegation of powers and duties by provincial heads of social development (clause 311) and the outsourcing of services (clause 312).

This chapter deals with the amendment of laws (clause 313), transitional matters (clause 314) and the short title and commencement of the Act (clause 315).

Schedule 1 of the Bill is the Hague Convention on Protection of Children and Co-operation in respect of Inter-country adoption, Schedule 2 is the Hague Convention on the Civil Aspects of International Child Abduction, Schedule 3 is the Text of the UN Protocol to prevent Trafficking in Persons and Schedule 4 is the list of legislation to be repealed or amended.