Guardianship of Infants Act 1964

6B

F23 [ Rights of certain parents to guardianship

6B. (1) A F24 [ person ] who

(a) is, under section 5 (1)(b) of the Act of 2015, the parent of the child, and

(b) has married the mother of the child,

shall be a guardian of the child.

(2) A person, other than a person to whom subsection (1) applies, who, along with the mother of the child is, under section 5 of the Act of 2015, the parent of a child shall be a guardian of the child where

(a) the person has entered into a civil partnership with the mother,

(b) the circumstances in subsection (3) apply, or

(c) the circumstances in subsection (4) apply.

(3) The circumstances referred to in subsection (2)(b) are that the person and the mother of the child concerned 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 the person have lived with the child.

(4) The circumstances referred to in subsection (2)(c) are that the person and the mother of the child concerned

(a) declare that they are the parents, under section 5 of the Act of 2015, of the child concerned,

(b) declare that they agree to the appointment of the person as a guardian of the child, and

(c) have made a statutory declaration to that effect in a form prescribed by the Minister. ]

Annotations:

Amendments:

F23

Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 49, S.I. No. 624 of 2019.

F24

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 16(b), S.I. No. 504 of 2015.

Modifications (not altering text):

C9

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 (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 151, S.I. No. 624 of 2019.

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.

Editorial Notes:

E28

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