Custody and Maintenance of Illegitimate Children in Singapore

Child Custody & Maintenance

By Anna Kong

In Singapore, only a child born of marriage will be considered a legitimate child under the common law rule of legitimate status.

Based on an MSF report, there were about 670 recorded births of illegitimate children born to Singaporean mothers in the year 2021 alone.

In this article, we will delve into the challenges and the legal framework surrounding the custody and maintenance of illegitimate children in Singapore.

Unwed mothers face various challenges as they do not receive certain benefits from the government, such as housing benefits, baby bonuses and tax relief. Illegitimate children will also face issues about inheritance as they are not entitled to receive any shares of their biological parent’s inheritance without a will under the Intestate Succession Act 1967, unless the mother does not have any biological children at the time of her death.

Unwed mothers may choose to adopt their children to legitimize the child. However, this will still not qualify the mother for housing benefits or baby bonus grants, as these grants are contingent on the parent’s marital status. The child may also be legitimised if their biological parents subsequently marry (Section 3 of the Legitimacy Act 1934).

Custody and Guardianship of the Child

Under the law, a parent has natural custody of their child. As such, if the father of the biological child is not named on the child’s birth certificate, the mother of the unborn child will generally be considered the sole custodial parent.

However, this does not mean that the biological father is not permitted to seek custody, care control or access to the child, and he can do this by seeking a court application under the Guardianship of Infants Act 1934. He will also have to undergo a DNA test to prove parentage.

In deciding the matter, the court’s first and paramount consideration is the best interests and welfare of the child (Section 3 of the Guardianship of Infants Act 1934). Hence, any decisions concerning the child, including custody and upbringing, must focus on the child’s best interests.

Do note that welfare is defined as the “general well-being” of the child and considers “all aspects of his upbringing, religious, moral as well as physical“. The court will also consider the child’s happiness, comfort and security, which cannot be measured in monetary terms.

Read more: Guardianship of Child in Singapore

Maintenance for the Child

In Singapore, regardless of whether the child is legitimate or illegitimate, section 68 of the Women’s Charter 1961 states that a parent must maintain or contribute to maintaining their child. This includes providing accommodation, clothes, food and education or paying the cost.

A parent can apply to the Family Justice Courts for child maintenance from the other parent. The court will consider various factors concerning the means of the parent, such as the financial needs of the wife or child, earning capacity and income, if there are any physical or mental disabilities of the wife and child and more.

Parents are expected to bear the financial burden of maintaining their children to the best of their reasonable ability, considering their financial resources and constraints. There is an additional requirement to show that the other parent has neglected or refused to provide reasonable maintenance.