L.R.O. 1/2012
LAWS OF GUYANA
INFANCY ACT
CHAPTER 46:01
Act
19 of 1916
Amended by
28 of 1923
12 of 1983
1 – 11 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no Subsidiary Legislation.
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CHAPTER 46:01
INFANCY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
1A. Interpretation.
2. Contracts by infants, except for necessaries, to be void.
3. No action to be brought on ratification of infant’s contract.
4. Soliciting infant to make affidavit in connection with loan.
5. Avoiding contract for payment of loan advanced during infancy.
6. Infant executors and administrators.
7. Wills of infants.
8. Marriage settlements with the sanction of the Court.
9. Marriage to render infant of full age.
10. Parent under 18 may appoint guardian.
10A. Guardianship of infant.
11. (1) Guardian’s custody and management of infant’s property during
infancy.
(2) Application of income of property of infants for purposes of
education or otherwise.
12. On death of one of the parents, the other parent to be guardian of
the infant alone or jointly with others.
13. Parent’s power of appointment of guardian in certain cases.
14. [Deleted by Act No. 12 of 1983].
15. Court may make order as to custody.
16. Removal of guardian.
17. Guardianship in case of divorce or judicial separation.
18. Application to Court.
19. [Repealed by Act No. 12 of 1983].
20. In case of separation deed between father and mother.
21. Court to retain upper guardianship.
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1929 Ed.
c. 141
1953 Ed.
c. 39 _______________________________________________________
19 of 1916 An Act to introduce special provisions relating to the
Contracts, Wills and Guardianship of Infants.
[28TH OCTOBER, 1916]
Short title.

Interpretation.
[12 of 1983]
Contracts by
infants, except
for necessaries,
1. This Act may be cited as the Infancy Act.

1A. In this Act—
“infant” means any person who is a minor, whether born in
wedlock or out of wedlock;
“father”, in relation to an infant who is born out of wedlock,
means—

(i) the man who has been adjudged to be
the father of the infant by a court of
competent jurisdiction; or
(ii) if there is no such man, the man who
has acknowledged the infant to be his
child, and has contributed towards
the maintenance of the infant, before
he exercises or seeks to exercise in
respect of the infant any rights or
functions conferred on the father of an
infant by any provision of this Act,

and the expression “parent”, in so far as it refers to the father
of such infant, shall be construed accordingly.
2. All contracts henceforth entered into by infants for
the repayment of money lent or to be lent, or for goods
CHAPTER 46:01
INFANCY ACT

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to be void.
[12 of 1983]

No action to be
brought on
ratification of
infant’s
contract.

Soliciting infant
to make
affidavit in
connection
with loan.
[6 of 1997]

Avoiding
contract for
payment of
loan advanced
during infancy.


supplied or to be supplied (other than contracts for
necessaries), and all accounts stated with infants, shall be
absolutely void:
Provided that this enactment shall not invalidate any
contract into which an infant, by any existing or future statute
or by the rules of common law or equity, may enter except
those now voidable by law.
3. No action shall be brought whereby to charge
anyone upon any promise made after full age to pay a debt
contracted during infancy, or upon any ratification made after
full age of a promise or contract made during infancy,
whether there is or is not any new consideration for that
promise or ratification after full age.
4. If anyone, except under the authority of the High
Court (hereinafter referred to as the Court) solicits an infant to
make an affidavit or statutory declaration for the purpose of
or in connection with any loan, he shall be liable on summary
conviction to a fine of nineteen thousand five hundred dollars
and to imprisonment for one month, and if convicted on
indictment to a fine of ninety-seven thousand five hundred
dollars or to imprisonment for three months.
5. (1) If an infant who has contracted a loan which is
void in law agrees after he comes of age to pay any money
which in whole or in part represents, or is agreed to be paid in
respect of, that loan and is not a new advance, that agreement
and any instrument, negotiable or other, given in pursuance
thereof or for carrying it into effect, or otherwise in relation to
the payment of money representing or in respect of the loan,
so far as it relates to money which represents or is payable in
respect of the loan and is not a new advance, shall be void
absolutely as against all persons whomsoever.
(2) For the purposes of this section any interest,
commission, or other payment, in respect of the loan shall be
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Infant
executors and
administrators.
[O. 4/1974]
c. 12:01

Wills of infants.
[12 of 1983]

Marriage
settlements
with the
sanction of the
court.
deemed to be a part of the loan.
6. (1) An infant may be appointed executor but cannot
exercise the office until he has attained the full age of eighteen
years.
(2) Letters of administration under the Deceased
Persons Estates Administration Act shall not be granted to
anyone before he has reached the age of eighteen years, but if
an infant is named as sole executor by a will, letters of
administration durante minore aetate may be granted to his
guardian or to any other person the Registrar of Deeds or the
Court deems fit.
7. An infant can make a will without the consent of
parent or guardian if he or she has attained the full age of
fourteen years, but subject as aforesaid an infant cannot make
a will.
8. (1) An infant above the age of seventeen years may,
with the sanction of the Court, upon or in contemplation of
marriage make a valid and binding settlement or contract for
a settlement of all or any property movable or immovable,
real or personal, whether in possession, reversion, remainder,
or expectancy, to or over which he or she is entitled or has
any power of appointment, not being a power expressly
declared to be incapable of being exercised during infancy;
and all transports or conveyances, mortgages, appointments
of property, and contracts to make a conveyance, or transport,
mortgage, or appointment, executed by the infant with the
approbation of the Court in order to give effect to the
settlement shall be as valid as if the infant were of full age.
(2) The Court may sanction the settlement or
contract upon petition, presented by the infant or his or her
guardian, in a summary way without the institution of a suit,
and, if there is no guardian, may or may not require a
guardian to be appointed, and also may if it thinks fit require
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Marriage to
render infant of
full age.
[O. 4/1974]

Parent under 18
may appoint
guardian.
[O. 4/1974]


Guardianship
of infant.
[12 of 1983]


Guardian’s
custody and
management of
infant’s
property
during infancy.
[O. 4/1974]

Application of
income of
property of
infants for
purposes of
education or
any persons interested or appearing to be interested to be
served with notice of the petition.
9. An infant whether male or female shall be deemed
by the mere fact of marriage to have attained full age, but the
Court by order, made upon petition by the infant or his or her
guardian, or by the Public Trustee, in a summary way
without the institution of a suit, may give any directions it
sees fit for the protection of the property of the parties until
they have attained the age of eighteen.
10. Subject to the other provisions of this Act, a parent
under eighteen years whether male or female may, by will,
deed, or document notarially executed, appoint as from the
date of his or her death a guardian or guardians to any child
or children who is or are unmarried at the date of his or her
death.
10A. (1) Both the father and the mother of an infant
shall be the guardians, and shall be entitled to the custody, of
the infant.
(2) The father or mother of an infant, or both of
them, may be deprived by the Court of the guardianship or
custody of the infant or both under the provisions of this Act.
11. (1) Any guardian or guardians may assume the
custody to the use of any infant of the profits of all his
immovable property, and also the custody, tuition, and
management of his movable property, until he reaches the
age of eighteen years or until his marriage, and bring any
action or actions in relation thereto and may take or grant
leases on his behalf.
(2) Where any property is held by a guardian,
trustee, administrator, or executor, in trust for an infant
(whether the trust is express, implied, or constructive), either
for life or for any greater interest, and whether absolutely or
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otherwise.
[O. 4/1974]



On death of
one of the
contingently on the infant attaining the age of eighteen years,
or on the occurrence of any event before the infant’s attaining
that age, the guardian, trustee, administrator, or executor,
may at his sole discretion pay to the infant’s parent or
guardian (if any) or otherwise apply for or towards the
infant’s maintenance, education, or benefit, the income of that
property or any part thereof, whether there is or is not any
other fund applicable to the same purpose, or anyone bound
by law to provide for the infant’s maintenance or education.
(3) The guardian, trustee, administrator or
executor aforesaid shall accumulate all the residue of that
income in the way of compound interest by investing it and
the resulting income thereof from time to time on securities
on which he is by the settlement (if any) or by law authorised
to invest trust money, and shall hold those accumulations for
the benefit of the person who ultimately becomes entitled to
the property from which they arise; but so that the guardian,
trustee, administrator, or executor may at any time, if he
thinks fit, apply those accumulations or any part thereof, as if
they were income arising in the then current year.
(4) This section applies—
(a) only if and as far as a contrary
intention is not expressed in the
instrument (if any), under which the
interest of the infant arises, and shall
have effect subject to the terms of that
instrument and to the provisions
therein contained; and
(b) whether the guardian, trustee,
administrator, or executor acquired
that capacity before or after the
commencement of this Act.
12. (1) Subject to subsection (2), on the death of one of
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parents, the
other parent to
be guardian of
the infant alone
or jointly with
others.
[12 of 1983]


Parent’s power
of appointment
of guardian in
certain cases.
[12 of 1983]

the parents of an infant, the surviving parent shall continue to
be the guardian of the infant,—
(a) where any guardian has been
appointed by the parent who died,
jointly with that guardian; or
(b) where no guardian has been
appointed by the parent who died,
alone.
(2) Where one of the parents of an infant has died,
and—
(a) no person has been appointed by him
to be the guardian of the infant; or
(b) if the person or all the persons
appointed by him to be the guardian
or guardians of the infant is or are
dead, or refuses or refuse to act,
the Court, if it thinks fit, may appoint any person or persons
to be the guardian or guardians of the infant to act jointly
with the surviving parent.
13. (1) Any one of the parents of an infant may by will,
deed, or document notarially executed appoint any fit person
or persons to be guardian or guardians of the infant, after the
death of that parent, jointly with the surviving parent.
(1A) Both parents, acting jointly or separately, or
any one of the parents, of an infant may by will, deed, or
document notarially executed appoint any fit person or
persons to be guardian or guardians of the infant, after the
death of both parents.

(1B) Where there are more than one person
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Court may
make order as
to custody.
[12 of 1983]

Removal of
guardian.

Guardianship
in case of
divorce or
judicial
separation.

appointed under subsection (1A) to be guardians of an infant,
the guardians so appointed shall act jointly.
(2) If guardians are unable to agree upon a
question affecting the welfare of an infant, any of them may
apply to the Court for its direction, and the Court may make
any order or orders regarding the matters in difference it
thinks proper.
14. [Repealed by Act No. 12 of 1983].

15. Where the parents are living apart, the Court may,
upon the application of a parent with whom the infant is not
residing, make any order it thinks fit regarding the custody of
the infant and the right of access to the infant of either parent,
having regard to the welfare of the infant and the conduct of
the parents, and to the wishes as well of the father as of the
mother, and may alter, vary, or discharge the order on the
application of either parent or, after the death of either parent,
any guardian under this Act, and in every case may make any
order respecting the costs of either parent and the liability of
the other parent therefor, or otherwise as to costs, it thinks
just.
16. The Court, on being satisfied that it is for the
welfare of the infant, may remove from his office any
testamentary guardian or any guardian appointed or acting
by virtue of this Act, and the Court, if it deems it to be for the
welfare of the infant, may also appoint another guardian in
place of the guardian so removed.
17. Wherever a decree for judicial separation, or a
decree either nisi or absolute for divorce, is pronounced, the
Court pronouncing the decree may thereby declare the parent
by reason of whose misconduct the decree is made to be a
person unfit to have the custody of the children (if any) of the
marriage; and in that case the parent so declared to be unfit,
upon the death of the other parent, shall not be entitled as of
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Application to
Court.


In case of
separation deed
between father
and mother.
[12 of 1983]

Court to retain
upper
guardianship.

right to the custody or guardianship of the children.
18. Applications under this Act may be made to the
Court in the manner prescribed by rules of court.
19. [Repealed by Act No. 12 of 1983].
20. No agreement contained in any separation deed
made between the father and mother of any infant shall be
held to be invalid by reason only of its providing that the
custody or control of the infant shall be left exclusively to one
parent:
Provided that the Court shall not enforce that agreement
if the Court is of opinion that it will not be for the infant’s
benefit to give effect thereto.
21. The Court may exercise in the matter of an infant
any power which the Supreme Court of British Guiana has
hitherto exercised as upper guardian of minors under the
Roman-Dutch law practice or procedure, and may further
exercise any power now or at anytime hereafter exercised in
those matters by the Chancery Division of the High Court of
Justice in England in accordance with any practice or
procedure of that Court.
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