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MARRIAGE ACT 1961 - THE SCHEDULE Persons whose consent is required to the marriage of a minor

The Schedule -- Persons whose consent is required to the marriage of a minor

Section 14              

Part I

Where the Minor is not an Adopted Child

Circumstances in relation to the Minor

Person or persons whose consent is required

1.    Where both parents of the minor are alive--

(a)   in any case other than a case to which paragraph (b) or (c) is applicable



Both parents

(b)   if the parents live separately and apart--

(i)    if the minor lives permanently with one parent or lives more with one parent than with the other



The parent with whom the minor so lives

(ii)   if the minor does not live with either parent and the parents have never been married to each other

The mother

(c)   if both parents have been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

2.    Where only one parent of the minor is alive--

(a)   if the parents had, at any time, been married to each other--

(i)    if the surviving parent has not been deprived of the custody of the minor by the order of a court





The surviving parent

(ii)   if the surviving parent has been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

(b)   if the parents had never been married to each other--

(i)    if the surviving parent is the mother and she has not been deprived of the custody of the minor by the order of a court



The mother

(ii)   if the surviving parent is the mother and she has been deprived of the custody of the minor by the order of a court

The person or persons having the custody of the minor under the order of the court

(iii)  if the surviving parent is the father--

(A)  if the minor lives permanently with the father



The father

(B)  if the minor does not live permanently with the father and there is or are a guardian or guardians of the minor

The guardian or guardians

(C)  if the minor does not live permanently with the father and there is no guardian of the minor

A prescribed authority

3.    Where both parents of the minor are dead--

 

(a)   if there is or are a guardian or guardians of the minor

(b)   if there is no guardian of the minor

The guardian or guardians

A prescribed authority

Part III

Where the Minor is an Adopted Child

Circumstances in relation to the Minor

Person or persons whose consent is required

1.    Where the minor was adopted by a husband and wife jointly

The person or persons who would be the prescribed person or persons under Part I of this Schedule if the minor had been born in lawful wedlock to his or her adoptive parents

2.    Where the minor was adopted by one person only--

(a)   if the adoptive parent is alive and has not been deprived of the custody of the minor by the order of a court



The adoptive parent

(b)   if the adoptive parent is alive but has been deprived of the custody of the minor by the order of a court

The person who has the custody of the minor under the order of the court

(c)   if the adoptive parent is dead--

(i)    if there is or are a guardian or guardians of the minor



The guardian or guardians

(ii)   if there is no guardian of the minor

A prescribed authority




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