Custody of unborn child

[Amillia]

Hi Mummies.

My sis got pregnanted by her boyfriend. From the start when they knew about the pregnancy, the bf did not want to take responsibility and keep asking her to abort it. My whole family had discussed this and we agreed with my sister's decision to keep the baby.

So we went to her boyfriend's family to talk things out. However, his whole family share the mindset: to abort the baby. We made our stand that we will keep the baby, regardless if the boyfriend wants to take responsibility or not, and made our leave (the conversation was recorded)

The next day, the bf's parents met with my sister and gave her 2 options: 1) to abort the baby 2) they will engage lawyer to take the baby away from her when she give birth to it, and they intend to migrate (conversation is recorded too). They are well to do financially while our family are average people with average jobs. But definitely, we are not financially unstable.

I'd like to ask, if anyone know about the rights of a father to an unborn child, even though my sis and her bf is not legally married?

She is under emotionally stress right now and i'd like to get some advice.

 

[kim714]

Hi Mummies.

My sis got pregnanted by her boyfriend. From the start when they knew about the pregnancy, the bf did not want to take responsibility and keep asking her to abort it. My whole family had discussed this and we agreed with my sister's decision to keep the baby.

So we went to her boyfriend's family to talk things out. However, his whole family share the mindset: to abort the baby. We made our stand that we will keep the baby, regardless if the boyfriend wants to take responsibility or not, and made our leave (the conversation was recorded)

The next day, the bf's parents met with my sister and gave her 2 options: 1) to abort the baby 2) they will engage lawyer to take the baby away from her when she give birth to it, and they intend to migrate (conversation is recorded too). They are well to do financially while our family are average people with average jobs. But definitely, we are not financially unstable.

I'd like to ask, if anyone know about the rights of a father to an unborn child, even though my sis and her bf is not legally married?

She is under emotionally stress right now and i'd like to get some advice.

Hi, I might not be in the same situation as your sister. But maybe this will help. I am not married to my bf as well but my bf is taking responsibility and we are still living together with our daughter(9 months old now). I delivered at Kkh and there was a social worker who visited me after I delivered and spoke to me for awhile. She was appointed to me because I am under 21 and not married. As I intend to put my bf's name into my daughter's birth cert as her father since he is taking responsibility, I asked her if it is possible as we are not married. She told me that it is possible but we would have to take an oath and that would also mean that my bf has the rights to fight for custody because his name is in my daughter's birth cert. When we went to register my daughter's birth, the ICA officer double confirmed this with us. This might be irrelevant to you but what I'm trying to say is that, I don't think it is possible for your sister's bf's family to fight for custody if your sister's bf's name is not stated under their child's birth cert. Since both the social worker and ICA officer highlighted the fact that my bf can fight for custody if I put his name down in my daughter's birth cert, most likely if I don't put down his name, he would not have any custody rights at all. You can try to call up and check. Hope this helps.

 

[meowie323]

Think this is relevant to your query.

http://www.sal.org.sg/digitallibrary/Lists/SAL Annual Review/Attachments/192/2008-9-SALAnnRev-309-Family Law.pdf

Parental responsibility of father of illegitimate children

14.20 Two District Court cases have confirmed that, in Singapore, the
unmarried father of a child has parental authority and responsibility
over the child. In VT v VU [2008] SGDC 1 at [16], the District Judge
said, “I recognise that a father of an illegitimate child does have parental
rights over the child”. In XG v XH [2008] SGDC 88, the District Court
held (at [37]): In every case, the child’s best interest is paramount. Just because the
parents are not married and do not intend to do so, or never lived
together does not mean that joint parenting should not be
encouraged.

CX v CY recognised the importance of the roles played by
both parents in a child’s life, and the benefits to the child to have both
parents continue to be involved in determining what would be in his
best interest. In the case of a father who was not involved in the child’s
life in the beginning, the question whether joint custody would still be
in the child’s best interest would depend on all the other relevant facts
and circumstances of the case.

14.21 This is in contrast with the common law position that only the
unmarried mother is the natural guardian of an illegitimate child. The
common law position partially persists even today in England under the
current English Children Act 1989, where an unmarried father must
take certain steps before he is conferred parental responsibility over his
child. If no steps are taken, fathers of illegitimate children do not have
parental responsibility. In the light of this, the District Court cases
demonstrate a rather progressive position taken in Singapore. Both the
unmarried mother and father are recognised to have parental rights and
responsibility over their illegitimate child. Support for this position
comes from the Women’s Charter (Cap 353, 1997 Rev Ed) which spells
out clearly in s 68 that both parents are obliged to maintain their
illegitimate child. Further, the Guardianship of Infants Act (Cap 122,
1985 Rev Ed) provides in s 6 that on the death of the father of an infant,
the mother shall be guardian of the infant and on the death of the
mother of an infant, the father, shall be guardian of the infant; no
reference is made to the marital status of the father or mother of the
child. Consistent with s 6 is s 5 of the same Act which does not restrict
the applications under the Act to married parents.
XG v XH [2008] SGDC 88 (“XG v XH”) has rightly held that unmarried parents may
apply under s 5 of the Guardianship of Infants Act and that the Act
applies to both legitimate and illegitimate children: see
XG v XH, at [22].

It is apt to note here that the High Court in Singapore had already
recognised the parental responsibility of an unmarried father as early as
in 1987 in Tan Siew Kee v Chua Ah Boey [1987] SLR 549 (“Tan Siew
Kee”). In Tan Siew Kee, the parents of the child never married each other.
The father was given custody, care and control of his young child as he
was found to be better able to care for the child than the mother, who
had habits that reduced her capacity to look after the son. The cases of
VT v VU [2008] SGDC 1 and XG v XH reinforce these principles.

 

[romans831]

The guy's parents are being too evil indirectly forcing your sis to abort the baby. They might already consulted the lawyer and know their rights. To me they are playing mind game hoping that your sis will rather abort it now then fight with them in the latter stages. Given that they are financially more stable. But all hope is not lost dun think he will ever get full custody of the child , at most will be joint custody. Squeeze them dry once baby's out, gd luck

 

[Amillia]

Thanks ladies for your replies. Her oldest sister met up with my sis to so called "advice" her that being single parent is not gg to be easy and so on. I bet her intention is the same.

I thought that this kind of situation only happens in drama. Apparently, there are people like this in reality. It's quite upsetting.

 

[romans831]

I guess their real intention is not to fight for the baby rather is afraid that this baby will be a threat to them in future. Since you shared that they are well to do financially. Lucky for yr sis that she has a supportive family to stand by her .