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Guardianship of Infants Act 1964
Rights of parents to guardianship.
6.—F19[(1) The following persons shall be guardians of a child jointly:
(a) the father and mother of the child, or
(b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married couple.]
F20[(1A) Where civil partners or a cohabiting couple have jointly adopted a child under an adoption order the civil partners or cohabiting couple, as the case may be, shall be guardians of the child jointly.]
(2) On the death of the father of a F21[child] the mother, if surviving, shall be guardian of the F21[child], either alone or jointly with any guardian appointed by the father or by the court.
(3) On the death of the mother of a F21[child] the father, if surviving, shall be guardian of the F21[child], either alone or jointly with any guardian appointed by the mother or by the court.
F20[(3A) (a) On the death of a civil partner who has jointly adopted a child with their civil partner, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court.
(b) On the death of one cohabitant of a cohabiting couple who have jointly adopted a child, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.]
F22[(3B) On the death of a spouse who has jointly adopted a child with his or her spouse of the same sex, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.]
F23[(4) Subject to subsection (1A), where the mother of a child has not married the child’s father, and no other person is, under this Act, the guardian of the child, she, while living, shall alone be the guardian of the child.]
F24[(5) In this section, "cohabiting couple" has the same meaning as it has in the Adoption Act 2010.]
Annotations
Amendments:
F19
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 16(a)(i), S.I. No. 504 of 2015.
F20
Inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(a) and (b), S.I. No. 474 of 2017.
F21
Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).
F22
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 16(a)(ii), S.I. No. 504 of 2015.
F23
Substituted (31.07.2017 and 2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(c), S.I. No. 355 of 2017 and S.I. No. 474 of 2017.
F24
Inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 47(d), S.I. No. 474 of 2017.
F25
Deleted by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 227(b)(i)(I), not commenced as of date of revision.
F26
Substituted by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 227(b)(i)(II), (iv), not commenced as of date of revision.
F27
Inserted by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 227(b)(i)(III), (ii), (iii), not commenced as of date of revision.
Modifications (not altering text):
C9
Prospective affecting provision: subs. (1) amended, subss. (1B), (3C), (3D) inserted, subs. (4) amended by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 227(b)(i)-(iv), not commenced as of date of revision.
6.—F19[(1) The following persons shall be guardians of a child jointly:
(a) the father and mother of the child, F25[…]
(b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married F26[couple, or]]
F27[(c) where a married couple of the same sex have both been named in a parental order as the parent of a child, each of the married couple.]
...
F27[(1B) Where civil partners or cohabiting couples have both been named in a parental order as the parents of a child, the civil partners or cohabitants, as the case may be, shall be guardians of the child jointly.]
...
F27[(3C) On the death of a spouse who has been named in a parental order as the parent of a child and whose spouse of the same sex was also so named in the order, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.
(3D) (a) On the death of a civil partner who has been named in a parental order as the parent of a child and whose civil partner was also so named in the order, the other civil partner, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased civil partner or by the court.
(b) On the death of a cohabitant who has been named in a parental order as the parent of a child and whose cohabitant was also so named in the order, the other cohabitant, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased cohabitant or by the court.]
F23[(4) Subject to F26[subsections (1A) and (1B)], where the mother of a child has not married the child’s father, and no other person is, under this Act, the guardian of the child, she, while living, shall alone be the guardian of the child.]
...
C10
Application of Act confirmed not affected by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 113(2), as inserted (2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 151, S.I. No. 474 of 2017, art. 3(d).
Effect of decree of dissolution.
113.— ...
(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.
C11
Application of Act confirmed not affected (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 10(2), commenced as per s. 1(2).
Effect of decree of divorce.
10.— ...
(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of divorce shall not affect the right of the father and mother of an infant, under section 6 of the Act of 1964, to be guardians of the infant jointly.
Editorial Notes:
E23
Previous affecting provision: subs. (4) substituted (9.01.1998) by Children Act 1997 (40/1997), s. 5, commenced as per s. 1(2); substituted as per F-note above.
E24
Previous affecting provision: subs. (4) substituted (14.06.1988) by Status of Children Act 1987 (26/1987) s. 11, in force per s. 1(2)(b); superseded as per E-note above.
E25
Previous affecting provision: subs. (1) amended (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2); subsection substituted as per F-note above.