Draft Bill to Regulate Baby Saver Facilities and Decriminalise Safe Relinquishment
Brought to you by SA Legal Academy: A draft private member’s Bill seeking to regulate ‘baby savers’ and decriminalise the safe relinquishment of newborns has been revived in Parliament following a change in sponsorship.
In terms of Government Gazette No. 53783, General Notice 3671 of 2025, published on 5 December 2025, Member of Parliament Nazley Sharif has announced the intention to table a Bill to provide legal recognition for and regulation of ‘baby savers’ and ‘baby safe havens’. This notice follows a previous withdrawal of the proposal by Alexandra Abrahams, as recorded in Government Gazette No. 53732, General Notice 3656 of 2025, dated 28 November 2025.
The proposed legislation aims to amend the principal statute (the Children’s Act, No. 38 of 2005) to ensure that the safe relinquishment of a newborn baby at a regulated facility does not constitute a crime. Key regulatory objectives include:
- Amending the definition of ‘abandoned child’ to exclude babies safely relinquished at designated facilities;
- Establishing a regulatory framework for the operation and safety standards of ‘baby savers’; and
- Providing legal clarity for parents or caregivers who choose safe relinquishment over unsafe abandonment.
The Bill clarifies that while safe relinquishment would be decriminalised, the legislation would not indemnify any person from the consequences of offences committed against the infant prior to the act of relinquishment. The current notice was informed by input received during the public consultation process which originally closed on 16 November 2025.
Click here to download General Notice 3671 of 2025.
What this means for you, your business, or your clients
- For yourself: No direct individual compliance obligations; however, legal professionals should monitor the Bill’s progress for changes to criminal liability frameworks regarding child abandonment and the Children’s Act, No. 38 of 2005.
- For your business: Non-profit organisations and healthcare facilities currently operating or planning to operate baby safe havens must prepare for a formalised regulatory environment and specific safety standards once the Bill is enacted.
- For your clients: Clients in the social development or healthcare sectors should be advised that safe relinquishment may soon be legally distinguished from abandonment, potentially reducing the risk of prosecution for parents in crisis and providing a legal framework for facility operators.
Originally published at https://legalacademy.co.za/news/read/baby-saver-facilities-draft-da-bill-out-for-comment