Marriage Act 1949

Section 3.

[F1 SECOND SCHEDULE E+W Consents required to the Marriage of [F2 a child] by common licence or Superintendent Registrar’s certificate

Textual Amendments

F1 Sch. 2 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with saving in Sch. 14 para. 37, and with Sch. 14 paras. 1(1), 27(4))

F2 Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 9

[F3 1. WHERE THE PARENTS OF THE CHILD WERE MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH]

Circum stances	Person or Persons whose consent is required
1. Where both parents are living:
(a) if parents are living together;	Both parents.
(b) if parents are divorced or separated by order of any court or by agreement;	The parent to whom the custody of [F2 the child] is committed by order of the court or by the agreement, or, if the custody of [F2 the child] is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents.
(c) if one parent has been deserted by the other;	The parent who has been deserted.
(d) if both parents have been deprived of custody of [F2 the child] by order of any court.	The person to whose custody [F2 the child] is committed by order of the court.
2. Where one parent is dead:
(a) if there is no other guardian;	The surviving parent.
(b) if a guardian has been appointed by the deceased parent [F4 or by the court under section 3 of the Guardianship of Minors Act 1971].	The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of [F2 the child].
3. Where both parents are dead.	The guardians or guardian appointed by the deceased parents or by the court under [F5 section 3 or 5 of the M1 Guardianship of Minors Act 1971.]

Textual Amendments

F3 Heading substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 11

F4 Words inserted by Children Act 1975 (c. 72, SIF 49:10), s. 108(1)(a), Sch. 3 para. 9

F5 Words substituted by Guardianship of Minors Act 1971 (c. 3), Sch.

Marginal Citations

M1 1971 c. 3.

[F6 II. X1 Where [F2 the Child] is Illegitimate

Circumstances	Person whose consent is required
If the mother of [F2 the child] is alive.	The mother, or if she has by order of any court been deprived of the custody of [F2 the child], the person to whom the custody of [F2 the child] has been committed by order of the court.
If the mother of [F2 the child] is dead.	The guardian appointed by the mother.]]

Editorial Information

X1 Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)

Textual Amendments

F6 Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)

[F6 II. X1 WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH

Circums tances	Person or persons whose consent is required
1. Where both parents are alive:
(a) if the father has been given by an order of any court the right to the actual custody of the child or the right to consent to the marriage of the child, or both those rights;	The mother and the father.
(b) if the father has not been given either of those rights.	The mother.
2. Where the mother is dead:
(a) if the father is a guardian under the Guardianship of Minors Act M2 1971 and there is no other guardian;	The father.
(b) if the father is a guardian as mentioned in paragraph (a) above and another guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971;	The father and the guardian if acting jointly, or the father or the guardian if the father or guardian is the sole guardian of the child.
(c) if the father is not a guardian and a guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971.	The guardian.
3. Where the father is dead:
(a) if there is no other guardian;	The mother.
(b) if a guardian has been appointed by the father or by the court under the Guardianship of Minors Act 1971.	The mother and the guardian if acting jointly, or the mother or the guardian if the mother or guardian is the sole guardian of the child.
4. Where both parents are dead.	The guardian or guardians appointed by the mother or father or by the court under the Guardianship of Minors Act 1971.

Marginal Citations

M2 1971 c. 3 (49:9).

In this Part of this Schedule “actual custody”, in relation to a child, means actual possession of his person.]