Marriage Act 2015

Amendment of Guardianship of Infants Act 1964

16. The Guardianship of Infants Act 1964 is amended—

(a) in section 6—

(i) by the substitution of the following subsection for subsection (1):

“(1) The following persons shall be guardians of a child jointly:

(a) the father and mother of the child, or

(b) where a married couple of the same sex have jointly adopted a child under an adoption order, each of the married couple.”,

and

(ii) by the insertion of the following subsection after subsection (3A) (inserted by section 47 of the Children and Family Relationships Act 2015 ):

“(3B) On the death of a spouse who has jointly adopted a child with his or her spouse of the same sex, the other spouse, if surviving, shall be guardian of the child, either alone or jointly with any guardian appointed by the deceased spouse or by the court.”,

and

(b) in section 6B(1) (inserted by section 49 of the Children and Family Relationships Act 2015 ), by the substitution of “person” for “man”.