Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 3 : Protective measures relating to health of children130. HIV-testing |
| (1) | Subject to section 132, no child may be tested for HIV except when— |
| (a) | it is in the best interests of the child and consent has been given in terms of subsection (2); or |
| (b) | the test is necessary in order to establish whether— |
| (i) | a health worker may have contracted HIV due to contact in the course of a medical procedure involving contact with any substance from the child’s body that may transmit HIV; or |
| (ii) | any other person may have contracted HIV due to contact with any substance from the child’s body that may transmit HIV, provided the test has been authorised by a court. |
| (2) | Consent for a HIV-test on a child may be given by— |
| (a) | the child, if the child is— |
| (i) | 12 years of age or older; or |
| (ii) | under the age of 12 years and is of sufficient maturity to understand the benefits, risks and social implications of such a test; |
| (b) | the parent or care-giver, if the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a test; |
| (c) | the provincial head of social development, if the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a test; |
| (d) | a designated child protection organisation arranging the placement of the child, if the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a test; |
| (e) | the superintendent or person in charge of a hospital, if— |
| (i) | the child is under the age of 12 years and is not of sufficient maturity to understand the benefits, risks and social implications of such a test; and |
| (ii) | the child has no parent or care-giver and there is no designated child protection organisation arranging the placement of the child; or |
| (f) | a children's court, if— |
| (i) | consent in terms of paragraph (a), (b), (c) or (d) is unreasonably withheld; or |
| (ii) | the child or the parent or care-giver of the child is incapable of giving consent. |