Establishing paternity means legally identifying a child’s father. In Singapore, if a couple is married when their child is born, the law automatically presumes the husband is the father. It’s all quite straightforward.
However, for unmarried couples, the situation is different. A father’s name isn’t automatically added to the child’s birth certificate. This is where the legal process of establishing paternity becomes so important. It grants the father legal rights, like having a say in the child’s upbringing, and also imposes legal responsibilities, such as providing financial support.
Understanding your position legally is the first step towards securing that precious bond and ensuring your child’s welfare is protected. It’s about more than just a name on a birth certificate; it’s about building a secure foundation for your family’s future.
Joint Registration
This is the most common and direct method. Both the mother and father go together to the Registry of Births & Deaths (located within the Immigration & Checkpoints Authority – ICA building) to register the child’s birth. By jointly signing the birth registration documents, the father formally and legally acknowledges that he is the child’s parent. His name is then included on the official birth certificate from the very beginning.
Statutory Declaration of Paternity
Sometimes, it’s just not possible for the father to be there in person. He might be overseas or unable to attend for another valid reason. In this situation, he can sign a “Statutory Declaration of Paternity”. This is a formal legal document where he swears he is the child’s biological father.
It must be signed in the presence of a Commissioner for Oaths or a Notary Public. The mother can then present this signed declaration during the birth registration, and it will serve as the father’s official acknowledgement.
Navigating Disagreements About Establishing Paternity: The Court Process
When there is a dispute or if paternity was not established at birth and needs to be addressed later, the matter moves to the legal arena. This involves an application to the Family Justice Courts.
- Applying for a Declaration of Paternity: An application can be filed with the Court to formally declare a man as a child’s father. This application can be initiated by:
- The mother.
- The man who believes he is the father.
- The child, represented by a guardian.
- The Role of DNA Evidence: In cases of dispute, DNA testing is the most reliable way to determine a biological link. The Court has the power to order a DNA test for the child, the mother, and the alleged father. The results of this test provide clear, scientific evidence for the Court to consider.
- What if Someone Refuses a DNA Test? A person cannot be physically forced to provide a DNA sample. However, if the Court orders a test and a person refuses without a good reason, the Court is allowed to draw an “adverse inference”. In simple terms, this means the Judge can assume the person is refusing because the test result would be unfavourable to their case. For an alleged father, this could mean the Court proceeds on the assumption that he is indeed the biological father.
- The Court Order: After reviewing all the evidence, including any DNA test results, the Court can issue a Declaration of Paternity. This is a legally binding order that officially confirms the man as the child’s legal father. This order has significant consequences, establishing his rights to apply for custody and access, as well as his responsibility to provide financial maintenance for the child. With this Court order, an application can then be made to ICA to add the father’s name to the child’s birth certificate.
How Long Does a Father Have to Establish Paternity?
Another key question is, “How long does a father have to establish paternity?” In Singapore, there is generally no strict time limit or statute of limitations for establishing paternity. A father can seek to establish his legal relationship with his child at any point during the child’s life.
However, it is always best to do it as early as possible. Delaying can complicate matters, especially concerning the child’s welfare, inheritance rights, and the father’s ability to be involved in important life decisions. Resolving the matter sooner rather than later provides stability and clarity for the child, which is always the top priority.
Conclusion About Establishing Paternity In Singapore
Understanding the legal landscape of paternity is the first step, but taking action is what truly matters for your child’s future. The process can feel overwhelming, especially when emotions are running high.
Whether you are in agreement with the other parent or facing a dispute that might lead to Court, having the right legal support can make all the difference. At Tembusu Law, we have the best family and Divorce lawyer in Singapore to guide you with compassion and expertise.
If you have questions or need assistance with establishing paternity, reach out to us for a free consultation.
Frequently Asked Questions About Establishing Paternity In Singapore
What Rights Does An Unmarried Father Have In Singapore?
In Singapore, an unmarried father does not automatically have parental rights. He must legally establish paternity first. Once paternity is established, he can apply to the Court for custody, care and control, or access orders, which grant him the right to be involved in the child’s life and make decisions about their upbringing.
Is A DNA Test Compulsory To Establish Paternity?
A DNA test is not compulsory if both parents agree on paternity and jointly register the birth. However, if there is a dispute and the matter goes to Court, the Judge can order a DNA test to be conducted to provide conclusive evidence of the biological relationship.
Can A Mother Refuse To Put The Father’s Name On The Birth Certificate?
Yes, if the parents are not married, the mother can register the child’s birth without including the father’s name on the certificate. If this happens, the father would need to apply to the Court for a declaration of paternity to have his name legally recognised and added later.
What Happens If A Father Refuses To Acknowledge Paternity?
If a father refuses to acknowledge paternity, the mother can make an application to the Family Justice Courts. The Court can order a DNA test, and if he is proven to be the biological father, the Court can make a declaration of paternity. This would make him legally responsible for the child, including the duty to provide financial maintenance.
How Much Does It Cost To Establish Paternity Through The Court?
The cost can vary significantly depending on the complexity of the case. It includes Court filing fees, the cost of a DNA test (which can be several hundred dollars), and legal fees if you engage a lawyer. It is best to consult with a lawyer to get an estimate based on your specific circumstances.
