Without Marriage Pitfalls Flowchart
Pitfalls of Co-Habitation Without Marriage
(Illegitimate Children)
Common Law Rule of Legitimate Status
Rights Compromised / Non-Recognition
Impact on issues
Maintenance
Guardianship and Custody
Pitfalls of Co-Habitation Without Marriage
(Illegitimate Children)
Common Law Rule of Legitimate Status
Rights Compromised / Non-Recognition
Impact on issues
A child’s relationship with his or her parents is legitimate only if the child is born during the existence of a valid marriage between them.
Child whose relationship with his or her parents is not legitimate is excluded from the estate.
Child whose relationship with his or her parents is illegitimate is excluded from entitlements of maintenance from the estate.
If father is not informant of birth of child, the surname will be of mother of the child.
A child born in Singapore whose relationship with his or her parents is not legitimate will not acquire citizenship by birth if only father is citizen.
Biological parent and illegitimate child not considered a family nucleus under housing schemes.
Unwed mothers do not enjoy same tax reliefs as married mothers.
Maintenance
Guardianship and Custody
Parent and persons who have accepted the child as a family member are liable to provide reasonable maintenance regardless of the child’s legitimacy.
Courts do not distinguish between the relationships with parents and children, legitimate or not, when making an order with regard to guardianship and custody.
Without Marriage Pitfalls Flowchart
Pitfalls of Co-Habitation Without Marriage
(Illegitimate Children)
Common Law Rule of Legitimate Status
A child's relationship with his or her parents is legitimate only if the child is born during the existence of a valid marriage between them.
Rights Compromised / Non-Recognition
1. Intestate Succession
Child whose relationship with his or her parents is not legitimate is
excluded from the estate.
2. Maintenance from Parent's Estate
Child whose relationship with his or her parents is illegitimate is
excluded from entitlements of maintenance from the estate.
3. Registration of Surname at Birth
If father is not informant of birth of child, the surname will be of
mother of the child.
4. Citizenship of Child
A child born in Singapore whose relationship with his or her parents
is not legitimate will not acquire citizenship by birth if only father
is citizen.
5. Housing Benefits
Biological parent and illegitimate child not considered a family
nucleus under housing schemes.
6. Tax Relief
Unwed mothers do not enjoy same tax reliefs as married mothers.
Impact on issues
Maintenance
Parent and persons who have accepted the child as a family member are liable to provide reasonable maintenance regardless of the child’s legitimacy.
Guardianship and Custody
Courts do not distinguish between the relationships with parents and children, legitimate or not, when making an order with regard to guardianship and custody.