# Guardianship of Minors Act 1971, Section 3: Rights of surviving parent as to guardianship.

Extent: E+W

(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—
(a) where no guardian has been appointed by the father; or
(b) in the event of the death or refusal to act of the guardian or guardians appointed by the father,
the court may, if it thinks fit, appoint a guardian to act jointly with the mother.
(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—
(a) where no guardian has been appointed by the mother; or
(b) in the event of the death or refusal to act of the guardian or guardians appointed by the mother,
the court may, if it thinks fit, appoint a guardian to act jointly with the father.

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Source: https://www.legislation.gov.uk/ukpga/1971/3/section/3 (the official version)
Page: https://openlegislation.uk/guardianship-of-minors-act-1971/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.