Guardianship of Infants Act, 1964

Court in making order to have regard to conduct of parent.

16.—Where a parent has—

(a) abandoned or deserted an infant, or

(b) allowed an infant to be brought up by another person at that person's expense, or to be provided with assistance by a health authority under section 55 of the Health Act, 1953 , for such a length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties,

the court shall not make an order for the delivery of the infant to the parent unless the parent has satisfied the court that he is a fit person to have the custody of the infant.