Gauteng Social Development clarifies legal steps for relinquishing babies

The Gauteng Department of Social Development has issued guidance for mothers who wish to relinquish their babies or young children, reinforcing the legal processes required under the Children’s Act.

The department said it is strengthening the Child Protection System to ensure infants can be safely surrendered through recognised structures, including hospitals, the South African Police Service (SAPS), and Child Protection Organisations.

Officials and communities will also receive information through prevention and awareness campaigns to promote safe and lawful child relinquishment.

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The department emphasised that so-called “Baby Saver” operations remain illegal. Mothers must adhere to lawful processes when giving up their children.

While mothers have the right to state that they do not wish to care for their child, they also have a legal obligation to relinquish the child safely into families or the child-care system.

The department clarified that anonymity is not permitted, as the Constitution guarantees a child’s right to their parents, family, culture, religion, community, and nationality.

Abandoning a child is a criminal offence under Section 305 of the Children’s Act, carrying fines, imprisonment of up to 10 years, and up to 20 years for repeat offenders.

Government services for mothers and children are available 24/7, with support provided by the Department of Social Development, Child Protection Organisations, SAPS, and Children’s Courts. Services include counselling, foster care, placement in children’s homes, and adoption.

The department urges all mothers to use these legal channels to ensure the safety and well-being of children.