n South African Medical Journal - Medicine and the law : provisions for consent by children to medical treatment and surgical operations, and duties to report child and aged persons abuse : 1 April 2010 : forum

Volume 100, Issue 10
  • ISSN : 0256-9574
  • E-ISSN: 2078-5135



The remaining sections of the Children's Act and the Children's Amendment Act came into effect on 1 April 2010, thus completely repealing the Child Care Act. The provisions of the Children's Act dealing with the capacity of children to consent to HIV testing and to access contraceptives have been in effect since 1 July 2007. The Children's Act now allows sufficiently mature children of 12 years of age to consent to medical treatment, and to consent to surgical operations with the assistance of their parent or guardian. The provisions allowing consent to termination of pregnancy by girls of any age in the Choice on Termination of Pregnancy Act are not affected by the Children's Act.

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