Children and Family Relationships Act 2015
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PART 4 Amendments to Guardianship of Infants Act 1964 | ||
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Amendment of section 2 of Act of 1964 | ||
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43. Section 2 of the Act of 1964 is amended— | ||
(a) in subsection (1) by— | ||
(i) the substitution of the following definition for the definition of “adoption order”: | ||
“ ‘adoption order’ has the same meaning as it has in the Adoption Act 2010 ;”, | ||
(ii) the substitution of the following definition for the definition of “father”: | ||
“ ‘father’ includes a male adopter under an adoption order but subject to section 11(4), does not include the father of a child who has not married that child’s mother unless— | ||
(a) an order under section 6A is in force in respect of that child, | ||
(b) the circumstances set out in subsection (3) of this section apply, | ||
(c) the circumstances set out in subsection (4) of this section apply, | ||
(d) the circumstances set out in subsection (4A) of this section apply, or | ||
(e) the father is a guardian of the child by virtue of section 6D;”, | ||
(iii) the substitution of the following definition for the definition of “parent”: | ||
“ ‘parent’ means— | ||
(a) subject to paragraph (b), a father or mother as defined by this subsection, and | ||
(b) in relation to a donor-conceived child, the parent or parents of that child under section 5 of the Act of 2015;”, | ||
and | ||
(iv) the insertion of the following definitions: | ||
“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
‘Act of 2015’ means the Children and Family Relationships Act 2015; | ||
‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010; | ||
‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010; | ||
‘donor-conceived child’ has the meaning it has in Part 2 of the Act of 2015; | ||
‘enactment’ means a statute or an instrument made under a power conferred by statute; | ||
‘enforcement order’ shall be construed in accordance with section 18A(1); | ||
‘qualifying guardian’, in relation to a child, means a person who is a guardian of that child and who— | ||
(a) is the parent of the child and has custody of him or her, or | ||
(b) not being a parent of the child has custody of him or her to the exclusion of any living parent of the child; | ||
‘Minister’ means the Minister for Justice and Equality; | ||
‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child;”, | ||
(b) in subsection (4) — | ||
(i) in paragraph (c), by the deletion of “child,” and substitution of “child, and”, and | ||
(ii) by the deletion of paragraph (d), | ||
and | ||
(c) by the insertion after subsection (4) of the following: | ||
“(4A) The circumstances referred to in paragraph (d) of the definition of ‘father’ in subsection (1) are that the father and mother of the child concerned— | ||
(a) have not married each other, and | ||
(b) have been cohabitants for not less than 12 consecutive months occurring after the date on which this subsection comes into operation, which shall include a period, occurring at any time after the birth of the child, of not less than three consecutive months during which both the mother and father have lived with the child.”. |