Where a child is born outside of marriage, the mother is automatically a Guardian. However, in order for a father to be declared as a Guardian, he must either have the consent of the mother or if no consent is forthcoming, he should make an application to the District Court to be made a Joint Guardian under Section 6(A) of the Guardianship of Infants Act 1964.
 
A father who is appointed a Guardian, either by consent or through the courts system, can only be removed as a Guardian by a Court Order. Guardianship is the collection of rights & duties of a parent towards a child. It includes a duty to maintain and properly care for the child, as well as the right to make decisions about a child’s religious and secular education, health requirements and other matters affecting the child’s welfare. All matters may be agreed between the respective parents. However, if any disagreement arises, then either parental guardian may have recourse to the Court to decide the matter.