Status of Children Act 1987

Power of court to appoint certain fathers as guardians.


12.The Act of 1964 is hereby amended by the insertion after section 6 of the following section:

“6A.—(1) Where the father and mother of an infant have not married each other, the court may, on the application of the father, by order appoint him to be a guardian of the infant.

(2) Without prejudice to the provisions of sections 5(3) (inserted by the Courts Act, 1981), 8 (4) and 12 of this Act, the appointment by the court under this section of the father of an infant as his guardian shall not affect the prior appointment of any person as a guardian of the infant under section 8 (1) of this Act unless the court otherwise orders.

(3) Rules of court shall provide a special procedure for determining an application under this section where—

(a) the mother consents in writing to the appointment of the father as guardian, and

(b) the father is registered as the father in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987,

and such procedure shall be as informal as is practicable and consistent with the administration of justice.”.