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Section 34 of The Children Act CAP 141: Transmission of parental responsibility

    

(1) On the death of the mother of the child, the father of the child, if still living, shall have parental responsibility for the child either alone or with the testamentary guardian (if any) appointed by the mother.
(2) On the death of the father of a child, the mother of the child, if living, shall exercise parental responsibility in respect of the child either alone or with the testamentary guardian (if any) appointed by the father.
(3) The surviving parent of the child 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.
(4) Where both the mother and the father of the child are deceased, any of the following persons may exercise parental responsibility over the child— (a) a testamentary guardian appointed by either of the parents;
(b) a guardian appointed by the court on application in the prescribed form;
(c) the person in whose power a residence order was made prior to the death of the child’s father and mother, and which is for the time being in force;
(d) a fit person appointed by the Court on application in the prescribed form;
(e) in the absence of the persons specified in paragraphs (a), (b) (c) and (d), a relative of the child; or
(f) failing arrangement under paragraph (e), by any other fit person on placement of the child in alternative family-based care.
(5) The relatives of the deceased parent of the child, may, if they consider thesurviving parent of the child to be unfit to exercise parental responsibility for the child, apply to the court to make such appropriate orders as may be necessary in the circumstances of the case to safeguard the best interests of the child.
(6) Where the parent of a child marries, the parent’s spouse shall exercise parental responsibility under the provisions of this Act, whether or not that spouse has legally adopted the child.

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Disclaimer: This document is not to be taken as legal advise.

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