CAP. 141
Children
[Rev. 2012]
27. Transmission of parental responsibility
(1) Where the mother and father of a child were married to each other at the
time of the birth of the child or have subsequently married each other—
(a) on the death of the mother the father shall exercise parental
responsibility for the child either alone or together with any
testamentary guardian appointed by the mother;
(b) on the death of the father, the mother if living shall exercise
parental responsibility for the child either alone or together with any
testamentary guardian appointed by the father;
(c) where both the mother and the father of the child are deceased,
parental responsibility shall be exercised by—
(i) any testamentary guardian appointed by either of the parents;
or
(ii) a guardian appointed by the court; or
(iii) the person in whose power a residence order was made prior
to the death of the child’s father and mother, and which order
is still in force; or
(iv) a fit person appointed by the court; or
(v) in the absence of the persons specified in paragraphs (i), (ii),
(iii) and (iv), a relative of the child.
(2) Where the father and mother of the child were not married at the time of the
birth of the child and have not subsequently married each other—
(a) on the death of the mother of the child, the father of the child, if he
has acquired parental responsibility under the provisions or this Act,
shall if he is still living, have parental responsibility for the child either
alone or with any testamentary guardian appointed by the mother or
the relatives of the mother;
(b) on the death of the father of a child who has acquired parental
responsibility under the provisions of this Act, the mother of the child
shall exercise parental responsibility in respect of the child either
alone, or with any testamentary guardian appointed by the father;
(c) the surviving mother or father of the child, as the case may be,
shall be entitled to object to any testamentary guardian appointed by
either of them acting and may apply to the court for the revocation
of the appointment of the testamentary guardian and the relatives
of the deceased mother or father of the child, may, if they consider
the surviving father or mother of the child, as the case may be, to
be unfit to exercise parental responsibility for the child, apply to the
court to make such appropriate orders as shall be necessary in the
circumstances of the case to safeguard the best interests of the child.
28. Extension of responsibility beyond eighteenth birthday
(1) Parental responsibility in respect of a child may be extended by the court
beyond the date of the child’s eighteenth birthday if the court is satisfied upon
[Issue 1]
C15 - 20
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