This Act was repealed on 2019-01-30 by Child Care and Protection Act, 2015.
Children’s Status Act, 2006
Related documents
- Is commenced by Commencement of the Children Status Act, 2006
- Is repealed by Child Care and Protection Act, 2015

Children’s Status Act, 2006
Act 6 of 2006
- Published in Government Gazette 3761 on 29 December 2006
- Assented to on 22 December 2006
- Commenced on 3 November 2008 by Commencement of the Children Status Act, 2006
- [This is the version of this document from 29 December 2006 and includes any amendments published up to 11 April 2025.]
- [Repealed on 30 January 2019 by Child Care and Protection Act, 2015 (Act 3 of 2015)]
Part 1 – INTRODUCTORY PROVISIONS
1. Definitions
In this Act, unless the context indicates otherwise -“child” means a person who is under the legal age of majority;“children’s court” means the children’s court referred to in section 1 of the Children’s Act, 1960 (Act No. 33 of 1960);“commissioner” means the commissioner for child welfare referred to in section 1 of the Children’s Act, 1960 (Act No. 33 of 1960);“marriage” means a marriage in terms of any law of Namibia and includes a marriage recognised as such in terms of any tradition, custom or religion of Namibia and any marriage in terms of the law of any country, other than Namibia, which marriage is recognised as a marriage by the laws of Namibia;“Minister” means the Minister responsible for child welfare;“order” includes -(a)a refusal to make any order; and(b)a variation or withdrawal of any order made in terms of this Act;“parent” means a woman or a man in respect of whom parentage has been acknowledged or otherwise established;“prescribe” means prescribe by regulations or rules made in terms of this Act;“primary caretaker” means a person, other than the parent or a custodian of a child whether or not related to the child, who takes primary responsibility for the daily care of the child with the express or implied permission of the child’s custodian;“sole custody” means the exercise of the rights, duties and powers of custody by one person, to the exclusion of all other persons;“sole guardianship” means the exercise of the rights, duties and powers of guardianship by one person, to the exclusion of all other persons; and“this Act” includes the regulations or rules made in terms of section 25.2. Objectives and interpretation
3. Guidelines to be applied in all decisions regarding custody, guardianship or access
Part 2 – JURISDICTION AND PROCEDURE
4. Jurisdiction and procedure in children’s court
5. Review of certain decisions
6. Appeals
Any person aggrieved by an order made by a children’s court under this Act or a decision of the commissioner made in terms of section 21 may, within such period and in such manner as may be prescribed, appeal against such order or decision to the High Court, as if such order or decision were a civil judgment of a magistrate’s court.7. Suspension of order pending review or appeal
Where an order or a decision of the children’s court is being reviewed in terms of section 5 or where an appeal has been lodged in terms of section 6, the children’s court may, pending the outcome of the review or appeal -Part 3 – PROOF OF PARENTAGE
8. Procedure
9. Presumption of paternity
10. Presumption on refusal to submit to scientific tests
Part 4 – CHILDREN BORN OUTSIDE MARRIAGE
11. Custody
12. Procedure for obtaining custody
13. Guardianship
14. Access
15. Children born outside marriage as a result of rape
16. Inheritance
17. Duty to maintain
18. Domicile
Despite anything to the contrary contained in any law, a child born outside of marriage is deemed to be domiciled at the place or in the country with which he or she has the closest connection.19. Effect of subsequent marriage of parents
Any child born of parents who marry each other at any time after the child’s birth must be treated as a child born inside marriage in all respects as from the date of birth, regardless of whether the parents could not have legally married each other at the time of the child’s conception or birth.Part 5 – CUSTODY AND GUARDIANSHIP OF CHILDREN ON DEATH OF CUSTODIAN OR GUARDIAN
20. Custody on death of custodian
21. Guardianship on death of guardian
Part 6 – CHILDREN OF VOID OR VOIDABLE MARRIAGES
22. Status
The status of any child conceived or born of a voidable marriage is not affected by the annulment of that marriage by a competent court.23. Safeguarding of interests of dependent and minor children of void or voidable marriages
Part 7 – CHILDREN BORN OF ASSISTED REPRODUCTION TECHNIQUES
24. Status of children born of artificial insemination or in vitro fertilisation
Part 8 – MISCELLANEOUS
25. Regulations
26. Application of this Act
27. Short title and commencement
History of this document
30 January 2019
Repealed by
Child Care and Protection Act, 2015
03 November 2008
Commenced by
Commencement of the Children Status Act, 2006
29 December 2006 this version
22 December 2006
Assented to
Cited documents 6
Act 6
1. | Magistrates' Courts Act, 1944 | 990 citations |
2. | Combating of Rape Act, 2000 | 294 citations |
3. | Legal Practitioners Act, 1995 | 256 citations |
4. | Community Courts Act, 2003 | 89 citations |
5. | Legal Aid Act, 1990 | 74 citations |
6. | Births, Marriages and Deaths Registration Act, 1963 | 47 citations |
Documents citing this one 21
Judgment 17
Gazette 3
1. | Namibia Government Gazette dated 2006-12-29 number 3761 | |
2. | Namibia Government Gazette dated 2008-11-03 number 4154 | |
3. | Namibia Government Gazette dated 2019-05-24 number 6915 |
Act 1
1. | Child Care and Protection Act, 2015 | 61 citations |