{
  "url": "https://openlegislation.uk/guardianship-of-minors-act-1971/section-3",
  "json_url": "https://openlegislation.uk/guardianship-of-minors-act-1971/section-3.json",
  "legislation": "ukpga/1971/3",
  "legislation_title": "Guardianship of Minors Act 1971",
  "legislation_url": "https://openlegislation.uk/guardianship-of-minors-act-1971",
  "path": "section/3",
  "kind": "section",
  "number": "3",
  "heading": "Rights of surviving parent as to guardianship.",
  "text": "(1) On the death of the father of a minor, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the father; and—\n(a) where no guardian has been appointed by the father; or\n(b) in the event of the death or refusal to act of the guardian or guardians appointed by the father,\nthe court may, if it thinks fit, appoint a guardian to act jointly with the mother.\n(2) On the death of the mother of a minor, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the minor either alone or jointly with any guardian appointed by the mother; and—\n(a) where no guardian has been appointed by the mother; or\n(b) in the event of the death or refusal to act of the guardian or guardians appointed by the mother,\nthe court may, if it thinks fit, appoint a guardian to act jointly with the father.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1971/3/section/3",
    "retrieved_at": "2026-10-29T10:50:31.584839+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}