Do Godparents have any legal rights?

I recently had a discussion with a client who held the presumption that if they were to die, their child’s Godparent would automatically have legal guardianship of their child if their child was under 18 years of age.

The role of a Godparent is only for ceremonial or religious purposes. There are varying views in the community of what the role of a Godparent entails, however, the common expectation is that the Godparent will act as a mentor or role model for their Godchild.

However, a Godparent does not automatically have any guardianship rights if the parents of their Godchild die. If a parent wishes to have their child cared for by their child’s Godparent, it is a good idea to have in their Will a clause that nominates their child’s Godparent as the Testamentary Guardian, should both parents of the child not survive. A Testamentary Guardian is nominated to care for the Will-maker’s child in case both parents die before the child turns 18. The Testamentary Guardian can be any adult; it does not have to be a Godparent.

However, the nomination of a Testamentary Guardian in your Will is not binding, the ultimate decision of who cares for your child after your death is made by the Family Court. It would be unlikely for the Family Court to not follow your wishes in your Will, unless it found the Testamentary Guardian nominated in your Will was unfit or unsuitable to be your child’s guardian.

For more information regarding nominating a Testamentary Guardian for your minor children in your Will, contact Mark Murnane at Murnane Legal.

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.