Guardianship and custody of a child born to a single woman

(1) Subject to section 33 and section 84 of this Act, the mother of any child born out of shall be the guardian of that child and the court shall be capable of exercising with respect to the child born to a single woman all the powers conferred upon it by this Act with respect to a child born within wedlock. (2) Subject to subsection (3) of this section, the mother of any child born out of shall have and be entitled to the custody of the said child, until it attains the age of eighteen years. (3) The mother of any child born out of wedlock may be deprived of her guardianship or custody under this Act by order of the court where, (a) such mother has deserted or abandoned the child in such a manner likely to endanger the health or well-being of the child; (b) such mother is by reason of intemperate or immoral habits, (such as prostitution or 19 drunkenness,) or for any other reason, unfit to have custody of the child; (c) such mother does not exercise proper care and control of the child; (d) the order depriving her of guardianship, if made, will be in the best interests of the child, and a social services practitioner employed by the court has so confirmed; (e) the court is satisfied that there exists some other circumstances not provided under paragraphs (a) to (d) above which renders the mother unfit to exercise the rights and assume the duties of guardian; or (f) the father applies for custody and proves to the satisfaction of the court that it is in the child’s best interests for him to have custody.