Guardianship of Infants Act 1964

2

F1 [ Interpretation.

2. (1) In this Act, unless the context otherwise requires

the Act of 1987 means the Status of Children Act, 1987 ;

F2 [ Act of 2010 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ]

F3 [ Act of 2015 means the Children and Family Relationships Act 2015; ]

F4 [ adoption order has the same meaning as it has in the Adoption Act 2010 ; ]

child means a person who has not attained full age;

F2 [ civil partner shall be construed in accordance with section 3 of the Act of 2010;

cohabitant shall be construed in accordance with section 172(1) of the Act of 2010;

F3 [ donor-conceived child has the meaning it has in Part 2 of the Act of 2015; ]

enactment means a statute or an instrument made under a power conferred by statute;

enforcement order shall be construed in accordance with section 18A(1); ]

F4 [ father includes a male adopter under an adoption order but subject to section 11(4), does not include the father of a child who has not married that child s mother unless

(a) an order under section 6A is in force in respect of that child,

(b) the circumstances set out in subsection (3) of this section apply,

(c) the circumstances set out in subsection (4) of this section apply,

(d) the circumstances set out in subsection (4A) of this section apply, or

(e) the father is a guardian of the child by virtue of section 6D; ]

maintenance includes education;

F2 [ Minister means the Minister for Justice and Equality; ]

mother includes a female adopter under an adoption order;

F3 [ parent means

(a) subject to paragraph (b), a father or mother as defined by this subsection, and

(b) in relation to a donor-conceived child, the parent or parents of that child under section 5 of the Act of 2015; ]

F2 [ qualifying guardian , in relation to a child, means a person who is a guardian of that child and who

(a) is the parent of the child and has custody of him or her, or

(b) not being a parent of the child has custody of him or her to the exclusion of any living parent of the child;

relative , in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child; ]

testamentary guardian means a guardian appointed by deed or will;

welfare , in relation to a child, comprises the religious, moral, intellectual, physical and social welfare of the child.

(2) A reference, however expressed, in this Act to a child whose father and mother have not married each other shall, except in a case to which subsection (3) relates, be construed in accordance with section 4 of the Act of 1987.

(3) ( a ) The circumstances referred to in paragraph ( b ) of the definition of father in subsection (1) are that the father and mother of the child concerned have at some time gone through a ceremony of marriage and the ceremony resulted in

(i) a voidable marriage in respect of which a decree of nullity was granted after, or at some time during the period of 10 months before, the birth of the child, or

(ii) a void marriage which the father reasonably believed (whether or not such belief was due to a mistake of law or of fact) resulted in a valid marriage

(I) where the ceremony occurred before the birth of the child, at some time during the period of 10 months before that birth, or

(II) where the ceremony occurred after the birth of the child, at the time of that ceremony.

( b ) It shall be presumed for the purposes of subparagraph (ii) of paragraph ( a ), unless the contrary is shown, that the father reasonably believed that the ceremony of marriage to which that subparagraph relates resulted in a valid marriage.

(4) The circumstances referred to in paragraph ( c ) of the definition of father in subsection (1) are that the father and mother of the child concerned, not being a father or mother to whom the circumstances set out in subsection (3) apply

( a ) have not married each other,

( b ) declare that they are the father and mother of the child concerned,

( c ) agree to the appointment of the father as a guardian of the F5 [ child, and ]

( d ) F6 [ ]

( e ) have made a statutory declaration to that effect as may be prescribed by the Minister for Justice, Equality and Law Reform.

F7 [ (4A) The circumstances referred to in paragraph (d) of the definition of father in subsection (1) are that the father and mother of the child concerned

(a) have not married each other, and

(b) have been cohabitants for not less than 12 consecutive months occurring after the date on which this subsection comes into operation, which shall include a period, occurring at any time after the birth of the child, of not less than three consecutive months during which both the mother and father have lived with the child. ]

(5) In this Act

( a ) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended,

( b ) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

( c ) a reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment. ]

Annotations:

Amendments:

F1

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 4, commenced as per s. 1(2).

F2

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 43(a)(iv), S.I. No. 12 of 2016.

F3

Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 43(a)(iii), (iv), S.I. No. 624 of 2019.

F4

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 43(a)(ii), S.I. No. 12 of 2016.

F5

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 43(b)(i), S.I. No. 12 of 2016.

F6

Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 43(b)(ii), S.I. No. 12 of 2016.

F7

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 43(c), S.I. No. 12 of 2016.

Modifications (not altering text):

C6

Definition of term “father” extended (1.01.2011) by Protection of Children (Hague Convention) Act 2000 (37/2000), s. 3(2)(e), S.I. No. 650 of 2010.

Application of Convention in the State.

3.— ...

(2) ...

(e) The definition of “father” in section 2 (inserted by the Children Act, 1997) of the Guardianship of Infants Act, 1964, shall include the father of a child who has, by virtue of Article 16, acquired parental responsibility corresponding to guardianship in relation to the child by operation of the law of a state other than the State, and section 8(4) (which provides that certain guardians may be removed from office only by the court), as so inserted, of that Act shall apply in relation to such a father.

Editorial Notes:

E14

Power pursuant to subs. (4)(e) exercised (10.06.2020) by Guardianship of Children (Statutory Declaration) Regulations 2020 (S.I. No. 210 of 2020).

E15

Previous affecting provision: definition of “adoption order” substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 162, S.I. No. 511 of 2010; substituted as per F-note above.

E16

Previous affecting provision: power pursuant to subs. (4)(e) exercised (1.02.1998) by Guardianship of Infants (Statutory Declaration) Regulations 1998 (S.I. No. 5 of 1998), reg. 3; revoked (10.06.2020) by Guardianship of Children (Statutory Declaration) Regulations 2020 (S.I. No. 210 of 2020, reg. 5.

E17

Previous affecting provision: definition of “father” substituted (9.01.1998) by Children Act 1997 (40/1997), s. 4, commenced as per s. 1(2); substituted as per F-note above.

E18

Previous affecting provision: section substituted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 9, commenced as per s. 1(2)(b); substituted as per F-note above.