Marriage Act 1949

Section 3.

SECOND SCHEDULE CONSENTS REQUIRED TO THE MARRIAGE OF AN INFANT BY COMMON LICENCE OR SUPERINTENDENT REGISTRAR'S CERTIFICATE

I. Where the Infant is Legitimate.

Circumstances.	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 the infant is committed by order of the court or by the agreement, or, if the custody of the infant 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 infant by order of any court.	The person to whose custody the infant 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.	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 the infant.
3. Where both parents are dead.	The guardians or guardian appointed by the deceased parents or by the court under section four of The Guardianship of Infants Act, 1925.

II. Where the Infant is Illegitimate.

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