Friday 12 May 2017

Unwed mother adopts own biological daughter

Some mums do so to protect child's interests, gain benefits given only to legitimate children
By Kok Xing Hui, The Straits Times, 11 May 2017

Within the month, two-year-old Lorraine Tan (not her real name) will be formally adopted.

She and her adoptive mum will then be treated as any mother and daughter - they will be legally recognised as a family nucleus.

The unique thing about this story: Little Lorraine is not an orphan awaiting a new home. She is a child born out of wedlock who is being adopted by her biological mother.

Her mother, who requested anonymity, started the adoption process last August after seeing mentions of it on a Facebook page belonging to a support group for single parents.

"I saw a post talking about adoption. One woman left a comment saying that she did it for less than $1,000. So I sent her a message and asked her how she did it," said Ms Tan, 38, a civil servant.

She also saw mentions of adoption on the Baby Bonus brochure and on the FAQ pages on taxes.

Unwed parents do adopt their biological children. But that usually happens after they marry a partner who is not the child's parent, and they want him or her to become the legal parent of the child.

Cases of unwed parents singly adopting their children are "very few", said the Ministry of Social and Family Development (MSF).

"Our laws do not require them to do so. Some unwed parents may nonetheless choose to do so, for reasons such as to terminate the rights and responsibilities of the other parent," the MSF added.

The Straits Times knows of at least two other mothers doing this, one of whom has successfully concluded her case.

Family lawyer Koh Tien Hua said that this procedure is allowed under the Adoption of Children Act, and it "makes the illegitimate child her lawful child, as if the child was born to her in lawful wedlock".

The move essentially removes the label of illegitimacy without changing the circumstances of the child. Lorraine, for example, will have all the rights of a child born to a married couple.

Currently, the differences between legitimate and illegitimate children are benefits such as housing, housing subsidies, the Baby Bonus cash gift, tax relief for the parent and inheritance priority.

Under the Intestate Succession Act, an illegitimate child ranks behind the spouse and legitimate children when it comes to inheritance.


Ms Tan's initial impetus for the adoption was the Baby Bonus cash gift and the Child Development Account (CDA) of up to $6,000, which has since been extended to children of unwed mothers born from September last year.

"That was the push factor. But when I started the journey, I noticed more benefits," said Ms Tan.

Top of her list was that Lorraine's biological father - who is married and does not want to acknowledge the child - would have to give up all ties to the girl.

"So in future, he cannot turn around to claim against her," she said, referring to the Maintenance of Parents Act.

The adoption costs less than $1,000 for Ms Tan, who navigated the legal procedures on her own by filing e-litigation papers. Engaging a lawyer would have set her back between $3,000 and $5,000.



Experts said allowing an unwed mum's adoption to change the legitimacy status of a child is like making them jump through hoops.

In recent years, Singapore has moved to equalise benefits for children of unwed parents.

Most recently, those born this year to unwed mothers will have 16 weeks of maternity leave instead of eight weeks previously.


Lawyer Ivan Cheong said unwed mothers are more likely to initiate an adoption for personal reasons rather than benefits since issues such as inheritance can be dealt with by writing a will, which will cost under $500.

He added: "From a layman's view, it sounds very artificial."

Women's rights group AWARE called the process of "labelling children as illegitimate" absurd.

Law professor Leong Wai Kum has long called for this label to be removed. In a 2011 paper, she wrote: "With our evermore enlightened view of appropriate legal protection of children, it is incontrovertibly unsuitable."

Family lawyer Sim Bock Eng pointed to the Women's Charter and how both parents are obligated to maintain the child - legitimate or not. She added: "It may be more productive to focus on the parent-child relationship as opposed to the relationship between his parents."

Unwed mothers like Ms Tan may find it "silly and ridiculous", but she said she would do anything for Lorraine's benefit.

She and her daughter now live with Ms Tan's parents in her brother's marital home.

Once the adoption goes through, she plans to buy a built-to-order flat in her and her daughter's names so that the child's future is secure even when Ms Tan dies. She said: "I have to protect my daughter's interests."





* No extra perks if unwed mums adopt own children

We thank Ms Lynne Tan Sok Hiang, Dr Lee Woon Kwang and the Association of Women for Action and Research for their letters (Legitimate or not, every child is important, May 15; All children deserve equal treatment, Forum Online, May 14 and; Time to do away with 'illegitimacy', Forum Online, May 13 , respectively).

We recognise the challenges that many unwed mothers face.

This is why, currently, all Singaporean children get to enjoy the entire suite of Government benefits that support their growth and development, regardless of the marital status of their parents.

The benefits include the Medisave grant for newborns, infant care and childcare subsidies and foreign domestic worker levy concession.

All Singaporean children also have access to social assistance, education and healthcare subsidies.

On top of these, the Child Development Account benefits and Government-Paid Maternity Leave were recently extended to include unwed mothers and their children.



Benefits such as the Baby Bonus Cash Gift and housing benefits are tied to the parent's marital status.

The benefits will not be extended even if an unwed mother adopts her own child, as they are meant to encourage parenthood within marriage.

Unwed mothers who require more support may approach any Social Service Office for financial assistance or Family Service Centre for socio-emotional support.

Unwed mothers do not benefit more from government policies and schemes even if they adopt their own children.

However, unwed mothers may seek to adopt their own children for personal reasons, such as to terminate the rights and responsibilities of the biological fathers and establish themselves as the sole parent.

This is a decision to be weighed carefully, factoring in the best interests of the child.

The effect of the adoption would mean that there is no longer a parental relationship between the child and his or her biological father.

The child would also not be able to seek maintenance from the father under the Women's Charter.

Yee Siaw Ling (Ms)
Director
Family Service Division
Ministry of Social and Family Development
ST Forum, 25 May 2017





'No housing benefits if unwed parent adopts child'
Baby Bonus cash gift, too, meant only for children born to married couples, says MSF
By Kok Xing Hui, The Straits Times, 26 May 2017

An unwed parent will not be entitled to housing benefits even if the father or mother adopts their own child who is born out of wedlock.

And the Baby Bonus cash gift is meant only for those who have children within a marriage.

The Ministry of Social and Family Development (MSF) yesterday made this clear in a letter to The Straits Times Forum page.

It was in response to letters by several readers and the Association of Women for Action and Research or Aware, which urged that all children and parents be treated equally.

The letters came after a Straits Times report on May 11 about how an unwed mother was adopting her own child in the hope that she will receive housing benefits and tax relief.

In its response yesterday, MSF said all Singaporean children enjoy a suite of benefits regardless of their parents' marital status. These include the Medisave grant for newborns, infant care and childcare subsidies, and maid levy concession.

"On top of these, the Child Development Account benefits and government-paid maternity leave were recently extended to include unwed mothers and their children," it added. However, "benefits such as the Baby Bonus cash gift and housing benefits are tied to the parent's marital status. The benefits will not be extended even if an unwed mother adopts her own child, as they are meant to encourage parenthood within marriage".



One woman in The Straits Times' report said, by adopting her daughter who was born out of wedlock, they would form a family nucleus and be able to enjoy benefits such as housing.

Another woman, who got the adoption order for her own son in March, was disappointed when told about MSF's clarification.

The 42-year-old woman said: "I understand the Baby Bonus is an additional incentive but I'm asking for basic things, like a roof over our heads. But even though I've adopted him to make him legal, HDB still wouldn't give us a house."

Women's rights group Aware said: "Any serious assessment of children's needs must recognise the harmful and destabilising impact of not being able to access affordable housing."

Sociologist Paulin Straughan said benefits such as housing were meant to promote parenthood within marriage. "These are pro-family schemes to encourage younger Singaporeans to get married, then to have children - it's very clear," she said. However, those who really need help can appeal, she added.

From 2014 to last year, HDB received appeals from 100 unwed parents under age 35 to buy flats. It received 300 appeals from unwed parents above 35 to rent a flat. About a fifth were approved. Singaporeans who are 35 and above can purchase a flat under the Singles Scheme.

The MSF yesterday said unwed mothers who require more support may approach an MSF Social Service Office for financial assistance.

The ministry said unwed mothers who want to adopt their own children need to think carefully as that will terminate the rights of the biological father.

That also means the child will not be able to seek maintenance from the father, the ministry added.


No comments:

Post a Comment