http://www.legislation.gov.uk/id/ukpga/Geo6/12-13-14/76

SCHEDULES

Section 3.

Annotations:

Editorial Information

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)

Amendments (Textual)

Marginal Citations

F31. 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 F2the child is committed by order of the court or by the agreement, or, if the custody of F2the 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 F2the child by order of any court.	The person to whose custody F2the 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 F4or 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 F2the child.
3. Where both parents are dead.	The guardians or guardian appointed by the deceased parents or by the court under F5section 3 or 5 of the M1Guardianship of Minors Act 1971.

F6 II. X1 Where F2the Child is Illegitimate

Circumstances	Person whose consent is required
If the mother of F2the child is alive.	The mother, or if she has by order of any court been deprived of the custody of F2the child, the person to whom the custody of F2the child has been committed by order of the court.
If the mother of F2the child is dead.	The guardian appointed by the mother.

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 M21971 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.

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