Having a child without being married - How does that affect my child and me?

Having a child without being married can raise concerns about the legal rights and protections for both you and your child. A concern that most single parents have when they have an illegitimate child is: “Will my child and I be protected”?

We’ll put your mind at ease, with a few simple safeguards, you and your child can and will still be protected.

Here is a list of rights that you and your child will continue to benefit from:

1. Your child has a right to maintenance

In Singapore law, both biological parents have a duty to maintain their child regardless of their marital status.

How do you maintain your child? This is known as maintenance or financial support. This includes providing your child with accommodation, food, clothing and education or the costs equivalent. Of course, such support will be within the financial means of both parents.

• As a single father, you are required to provide such maintenance.
• As a single mother, you are also required to provide such maintenance.

However, what happens if either of you refuses to do so or is providing insufficient maintenance?

A court action may be taken against you by the other parent demanding that you pay for maintenance.

Similarly, if you are not receiving enough maintenance for your children, you can pursue a court action demanding such maintenance.

For example,

You live in a one bedroom flat with your child, you are holding two jobs, and trying your best to make ends meet to provide for you and your child. You need money to buy milk powder for your child, you ask this reasonable request of your child’s father and he flatly refuses, you can pursue a court action against him.

2. Your child will benefit from Government Support

Your child will benefit from a Child Development Account.

A Child Development Account (CDA) is a special savings account where the government takes the first step in helping to grow savings for your child. This is known as the CDA First Step Grant. The CDA First Step Grant will automatically be deposited upon the opening of an account. Your subsequent savings will then be co-matched by the government, up to a cap.

You can check your eligibility and how to benefit from the CDA by clicking here.

Here is a list of rights that you and your child may lose:

1. Your right to custody of your child

In Singapore law, both biological parents have a right to custody of your child. Custody means making major decisions throughout your child’s life, such as medical treatment, education or religion.

By default, both parents are granted joint custody of their children in Singapore. However, it’s common for the Court to award care and control to the mother, particularly when the children are very young. This decision often stems from considerations of the child’s primary caregiver and the existing caregiving arrangements. As such, the mother typically takes on the responsibility of making decisions about the child’s daily routines, such as meals, activities, and bedtime. The father, on the other hand, is usually granted visitation rights to spend time with the child.

It’s important for both parents to put aside any differences and talk about co-parenting their children. Making decisions together and communicating effectively is key. Avoiding arguments and focusing on what’s best for the kids is crucial. Good communication is essential for a healthy co-parenting relationship.

The unfortunate and tricky situation is when either parents want to fight for sole custody of your child. That means only one of you will make all major decisions in your child’s life. You may also find yourself being restricted from seeing your child.

“So what can you do?”

Court proceedings need to be commenced in order to grant sole custody. If you are the one seeking sole custody, you need a very good reason as to why. For example, you need to show that the other parent is abusive or neglectful.

How do you show the Court that the other parent is abusive or neglectful?

You can prove to the Court such unruly behaviour by making a Social welfare services report.

If you’re facing a sole custody application, it’s essential to respond and present your case for why you should remain involved in your child’s life. This involves providing relevant reports and documentation to support your position.

If you are being restricted from seeing your child, you can commence an application seeking access to your child.

2. Your eligibility for HDB schemes

Unfortunately, if you’re unmarried to your child’s biological mother, you and your child may not meet the eligibility criteria for HDB housing. One such requirement is forming a family nucleus, which typically involves being widowed or divorced with a child and no spouse. To explore options for purchasing an HDB, it’s advisable to contact HDB directly and explain your situation. They may assess your case individually and grant exceptions based on specific circumstances. Alternatively, you could consider renting a HDB unit until you fulfill the necessary requirements for ownership.** **You can apply for the Public Rental Scheme (PRS) as a family or a single, if you have no family support or other housing options. Check your eligibility on the HDB website here.

You may also consider purchasing a HDB with your parents and if you are above the age of 35 years old, you may also be eligible for a HDB under the singles scheme. In such cases, you would still be able to benefit from both HDB and CPF grants.

3. Your eligibility for tax relief

As a single father, you will not benefit from many tax reliefs such as the Parenthood Tax Rebate or Qualifying Child Tax Relief.

As a single mother, you will not benefit from many tax reliefs such as the Parenthood Tax Rebate, Qualifying Child Tax Relief or Work Mother’s Child Relief.

For your reference, you can see what tax reliefs you qualify for here.

4. Your child’s right to his or her parent’s estate

The biggest right of a child, whose parents are not married to each other, may lose is that of inheritance.

• As a single mother

If you pass on intestate (without a valid Will), your child may** **benefit from your estate, provided that you do not have any legitimate children.

For example,

You have a child with your ex-boyfriend, let’s call her Sonia. Sonia is illegitimate as you did not marry your ex-boyfriend. Several years later, you meet a man and you get married to him and have two more children. While your two younger children are legitimate children, Sonia, being an illegitimate child, she will not benefit from your estate under intestacy rules.

• As a single father

If you pass away intestate (without a valid Will), your child will not benefit from your estate. Under Singapore law, it does not recognise the inheritance rights of illegitimate children, especially if paternity has not been legally established. Therefore, if you are a single father with an illegitimate child and you pass away without a Will, your child may not be entitled to inherit from your estate under intestacy laws in Singapore.

So, what can you do to ensure that your child benefits from an inheritance?

Make a Will!

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Feeling uncertain about your child’s future?

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Conclusion

Despite the initial challenges and perceived disadvantages, it’s crucial to recognise that there are avenues for safeguarding your rights and securing your child’s future. By seeking legal guidance, establishing paternity if necessary, and exploring available support networks, both you and your child can navigate the complexities effectively.

Frequently Asked Questions

What legal rights does an unmarried parent have regarding child custody in Singapore?

Both biological parents have the right to custody of their child, regardless of marital status. By default, joint custody is granted.

Are unmarried parents legally obligated to provide child maintenance in Singapore?

Yes, both biological parents are legally required to maintain their child, regardless of marital status. This includes providing accommodation, food, clothing, education, and other necessities within their financial means.

Can an unmarried parent apply for HDB housing with their child in Singapore?

Unmarried parents generally don't meet HDB eligibility criteria for family housing. However, they can explore options like the Public Rental Scheme or contact HDB directly to discuss potential exceptions based on their specific circumstances.

How does having a child out of wedlock affect inheritance rights in Singapore?

Illegitimate children may not automatically inherit from their parents under intestacy laws. To ensure inheritance rights, parents should create a valid will specifying their wishes for their child's inheritance.

Are there any government benefits available for children born out of wedlock in Singapore?

Yes, children born out of wedlock are eligible for some benefits, such as the Child Development Account (CDA) First Step Grant and Medisave grant. However, they may not qualify for certain benefits like the Baby Bonus cash gift.

How can unmarried parents establish legal paternity in Singapore?

Legal paternity can be established by including the father's name on the birth certificate or through DNA testing. This is important for matters related to custody, maintenance, and inheritance rights.

Can an unmarried father seek custody or visitation rights in Singapore?

Yes, an unmarried father can apply for custody, care and control, or access to his child under the Guardianship of Infants Act. The court will make decisions based on the child's best interests.

How can unmarried parents legitimize their child's status in Singapore?

Unmarried parents can legitimize their child's status by getting married or through adoption. Marriage legitimizes the child automatically, while adoption requires a legal process but can be done by either parent.