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Evidence of excessive (overboard) legislation in Singapore.

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Old 12-05-2017, 03:41 PM   #1
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Smile Evidence of excessive (overboard) legislation in Singapore.

Evidence of excessive (overboard) legislation in Singapore.

Why must parliament create legislation to say "Under the Intestate Succession Act, an illegitimate child ranks behind the spouse and legitimate children when it comes to inheritance." ???!!! http://www.straitstimes.com/singapor...gical-daughter
Jiak pah ka eng (eat too full, nothing to do) is it?
Like that might as well discriminate between adopted kids or otherwise, male vs female offspring, kids of 1st wife vs 2nd or even if religion of parent vs child were related/different or if the spouse were Chinese, Malay or Indian???!!!
As if parliament knew based on child's birth status the relationship between parent and child. Possibly, many moonlighting parliamentarians are senior counsel/ law firm owners etc and they just create UNNECESSARILY complex laws so as to unnecessarily prolong court cases and line their own pockets (just like the superfluous issue of 'agent' in the CHC(/Kong Hee) case to supersede any significant weightage on amounts of $ misused or the inherent brainwashing powers of religious leaders, until now the court of appeal comprising 5 judges of appeal need to convene to interpret the UNNECESSARILY complex and confusing legislation).

God never made any child less valuable to the parent whether born in or out of wedlock: PAP in penalizing innocent children just goes to show how crass and low our politicians are willing to go.


Unwed mum adopts own biological daughter

Ms Tan (not her real name) started the adoption process for her two-year-old daughter last August. They 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.ST PHOTO: JONATHAN CHOO
PUBLISHEDMAY 11, 2017, 5:00 AM SGT
Some mums do so to protect child's interests, gain benefits given only to legitimate children
Kok Xing Hui
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.


<$1k
Cost of adoption for Ms Tan, who navigated legal procedures on her own by filing e-litigation papers.

$3k
Minimum amount Ms Tan would have to pay if she had engaged a lawyer.

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.

In Parliament last year, the MSF said: "Parents who want to leave something for their illegitimate child should make a will."

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.

The MSF said: "Government benefits that support the growth and development of children are given to all Singaporean children, regardless of their legitimacy status."

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."
http://www.straitstimes.com/singapor...gical-daughter

Last edited by cherry6; 16-05-2017 at 06:04 PM.. Reason: Add smiley face.
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Old 19-05-2017, 06:30 PM   #2
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funny, I just heard one the other day about not having enough enforcement.

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Old 19-05-2017, 06:32 PM   #3
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Its just paperwork

For hardworkers

Not for edmwers
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Old 19-05-2017, 11:58 PM   #4
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funny, I just heard one the other day about not having enough enforcement.
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The purpose of parliament is to write proper laws both as guideline directing social conduct as well as setting limits of decency and good order (under the penalty of punishment) that people should not cross.

Unless the laws are well considered, thought out and regularly updated, no effective enforcement is possible.
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Old 20-05-2017, 12:06 AM   #5
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Its just paperwork
For hardworkers
Not for edmwers
The ranking of illegitimate children (born out of wedlock) BELOW that of legitimate (in wedlock) children wrt inheritance law is probably BAD law and should be erased/ ignored.


CONSTITUTION OF THE REPUBLIC OF SINGAPORE
(Original Enactment: S 1/63)
[9th August 1965]
PART IV: FUNDAMENTAL LIBERTIES
Equal protection
12.—(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment

http://statutes.agc.gov.sg/aol/searc...ec=0#pr12-he-.

It is no fault of the child that he is born out of wedlock. Intestate inheritance laws should put all offspring, illegitimate or otherwise on equal standing just as all citizens are equal before Singapore law.

Singapore parliament should at soonest occasion convene to expunge this unconstitutional and thus bad law so as to defend the universal rights of all Singaporeans (especially innocent kids) as well as not to violate the constitution of the Republic of Singapore.

Last edited by cherry6; 20-05-2017 at 12:30 AM..
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Old 20-05-2017, 12:12 AM   #6
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lawyers need to eat yo
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Old 20-05-2017, 12:46 AM   #7
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Smile

lawyers need to eat yo
Lawyers called to the bar in Singapore are deemed officials of the court.
Like doctors, engineers and accountants, they are professionals too and must place service to society as the highest calling/ priority.

Any lawyer who spots a bad law contradicting the constitution or denying innocent kids of their universal human right to be treated with justice and equality ought highlight the flaw to parliament rather than proceed to use the loophole for their personal self interest, to the detriment of innocent kids and damage to society in the long run.

Such devious and licentious lawyers should have their licenses to practice revoked as they corrupt the dispensation of justice in Singapore.
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