Family Law Reform Act 1987

Parental rights and duties: general

2 Construction of enactments relating to parental rights and duties

(1) In the following enactments, namely—

(a) section 42(1) of the [1948 c. 29.] National Assistance Act 1948;

(b) section 6 of the [1969 c. 36.] Family Law Reform Act 1969;

(c) the [1971 c. 3.] Guardianship of Minors Act 1971 (in this Act referred to as "the 1971 Act");

(d) Part I of the [1973 c. 29.] Guardianship Act 1973 (in this Act referred to as "the 1973 Act");

(e) Part II of the [1975 c. 72.] Children Act 1975;

(f) the [1980 c. 5.] Child Care Act 1980 except Part I and sections 13,24,64 and 65;

(g) section 26(3) of the [1986 c. 50.] Social Security Act 1986,

references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 above.

(2) In subsection (7) of section 1 of the 1973 Act (equality of parental rights) for the words from "or be taken" to the end there shall be substituted the words "and nothing in subsection (1) above shall be taken as applying in relation to a child whose father and mother were not married to each other at the time of his birth".

3 Agreements as to exercise of parental rights and duties

For subsection (2) of section 1 of the 1973 Act (agreements between parents to give up parental rights) there shall be substituted the following subsection—

“(2) Notwithstanding anything in section 85(2) of the Children Act 1975, an agreement may be made between the father and mother of a child as to the exercise by either of them, during any period when they are not living with each other in the same household, of any of the parental rights and duties with respect to the child; but no such agreement shall be enforced by any court if the court is of opinion that it will not be for the benefit of the child to give effect to it.”