Royal Custody: The Unique Legal Situation of Meghan Markle and Prince Harry’s Child

Back in October, Kensington Palace shared the joyous news that the Duke and Duchess of Sussex were expecting their first child in the spring of 2019.

While the couple and their family welcomed this announcement with enthusiasm, an intriguing law exists that could potentially limit Prince Harry and Meghan's full legal custody of their future child.

Dating back over three hundred years, a law was established which dictates that the reigning sovereign possesses complete legal custody of their grandchildren who are minors, as royal expert Marlene Koenig elaborates on.

This law, known as “The Grand Opinion for the Prerogative Concerning the Royal Family,” was put into effect by King George I in 1717.

The roots of this law can be traced back to a tumultuous relationship between George I and his son, the future George II, as explained by Koenig in an interview with The Independent.

The enactment of this law was believed to have been influenced by a dispute over the selection of a godparent for the son of the Prince of Wales, leading George I to seek the intervention of Parliament to solidify his authority.

This legal provision implies that when Charles, the Prince of Wales ascends to the throne, he will assume custody of his minor grandchildren.

Notably, complications regarding this law emerged in 1994 during the separation of Diana, Princess of Wales from Prince Charles.

Despite Diana's desire to relocate with her sons, Harry and William, to Australia, she was impeded by the constraints imposed by the custody law.

A historical record published in 1772 delves deeper into the specifics of the royal decree, emphasizing the significance of the King's role in overseeing the upbringing and education of the offspring of the royal family.

The register highlights the tenets of the ruling, affirming the monarch's authority concerning the care of the royal children and grandchildren, including the heir presumptive to the throne.

Although the law formally designates the Queen as the legal custodian of her minor grandchildren, Koenig doubts that she would ever need to exercise this prerogative.

She perceives it more as a customary protocol, noting that the Queen has allowed her children the independence to raise their own offspring.

In a recent development, challenges have arisen against a law stipulating that only male heirs can inherit hereditary peerages, prompting a legal battle in the European Court of Human Rights.

If this law were to undergo revision, it would mean that a daughter born to Prince Harry and Meghan could inherit a royal title, a privilege not previously granted to female heirs.

Explaining the implications of the present system, royal commentator Richard Fitzwilliams clarified that any child of the Duke and Duchess would not automatically receive a royal title.

The inheritance of peerages currently favors males, and in the absence of sons, the title of Sussex could face extinction, echoing a historical precedent.

It is important to note that the clarification has been made that the sovereign holds custody of their minor grandchildren, rather than great-grandchildren, under this law.