Can a parent sue on behalf of a child?

Last updated on February 12, 2013

Kids

A minor may sue or be sued like any other claimant/defendant. However, a next of kin above the age of 21 would need to act on behalf of the minor (known as a “litigation representative”). This is provided for in Order 76 Rule 2 of the Rules of Court.

Within Singapore’s legal system, a “minor” is defined as a person below the age of 18. “Child” on the other hand, is legally defined as a person below the age of 14. Though the term “child” is loosely used in day to day conversations to refer to a broad category of children/teens, “child” should not be confused with “minor” when considering the terms in a legal setting.

If your child is below the age of 18, your child is legally defined as a “minor” under Singapore law. Consequently, should a person injure your child who is below the age of 18, you would need to act on behalf of your child to make a claim against the person.

Therefore, so long as your child is below the age of 18, you would need to act on his behalf in order to sue the person who injures your child.