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7 1964



Preliminary and General

Short title.

1. —This Act may be cited as the Guardianship of Infants Act, 1964.


2. —In this Act, except where the context otherwise requires—

adoption order” means an adoption order made under the Adoption Act, 1952 , and for the time being in force;

father” includes a male adopter under an adoption order but does not include the natural father of an illegitimate infant;

illegitimate infant” does not include any infant adopted under an adoption order;

infant” means a person under twenty-one years of age;

maintenance” includes education;

mother” includes a female adopter under an adoption order;

parent” means a father or mother as defined by this section;

testamentary guardian” means a guardian appointed by deed or will;

welfare”, in relation to an infant, comprises the religious and moral, intellectual, physical and social welfare of the infant.

Welfare of infant to be paramount.

3. —Where in any proceedings before any court the custody, guardianship or upbringing of an infant, or the administration of any property belonging to or held on trust for an infant, or the application of the income thereof, is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration.


4. —Each enactment specified in the Schedule is hereby repealed to the extent indicated in the third column of the Schedule.