Why Meghan Markle and Prince Harry May Not Always Have Custody of Their Child

When it was announced in October that the Duke and Duchess of Sussex were expecting their first child, the news was met with excitement from the couple and their relatives.

However, there is an intriguing law in place that suggests Prince Harry and Meghan may not always have full legal custody of their child.

This law dates back over three centuries and grants the sovereign full legal custody of their minor grandchildren.

Royal expert Marlene Koenig explains that the law, known as “The Grand Opinion for the Prerogative Concerning the Royal Family,” was introduced by King George I in 1717.

According to Koenig, this law originated from a disagreement between George I and his son, the future George II.

It is believed that George II did not want the godparent chosen by his father for his son, leading George I to seek a solution through Parliament.

As a result of this law, when Charles, Prince of Wales becomes sovereign, he will have custody of his minor grandchildren.

The issue surrounding this law came to light in 1994 when Princess Diana separated from Prince Charles.

Diana had expressed a desire to take their sons, Harry and William, to live with her in Australia, but was unable to do so due to the custody regulations imposed by the law.

An annual register published in 1772 provides further details on the ruling and confirms the legality of this prerogative.

It states that the King has the right to care for the marriage and education of the children of the royal family, including the presumptive heir to the crown.

Although the law technically gives Queen Elizabeth II custody of her minor grandchildren, Koenig believes that she would never feel the need to exercise this right.

She views it more as a formality, as the Queen has allowed her children to raise their own kids.

In recent years, there have been efforts to challenge laws that favor male inheritance of hereditary peerages.

If such a change were to occur, it would mean that a daughter born to Prince Harry and Meghan would inherit a royal title, which was previously not possible.

Under the current system, any child of the Duke and Duchess would not automatically receive a royal title.

The title of Sussex could potentially die out if they were to have only daughters, as it did in the past.

It is important to note that the law discussed here refers to custody of minor grandchildren, not great-grandchildren.