7 Brutal Truths About Having an Illegitimate Child in Singapore

Last updated on July 20, 2024

According to available statistics from the Ministry of Social and Family Development (MSF), there were about 670 recorded births of children born out of wedlock to Singaporean mothers in 2021. It is no secret that Singapore labels such children as “illegitimate”. As a result of this label, these children are distinguished by both government policy and the law.

1. A Child Born out of Wedlock is Labelled “Illegitimate” Under Singapore Law

Why does Singapore label children as legitimate/illegitimate?

MSF has stated that the legal and policy distinctions between legitimate and illegitimate children are meant to reflect the government’s desire to promote strong marriages.

“Parenthood within marriage” is encouraged as this is the prevailing social norm, which Singapore authorities view as the key to strong families. This label of being an “illegitimate” child has some consequences for both the parent and the child.

2. An Illegitimate Child is Excluded From Benefits Otherwise Granted to a Legitimate Child

What are the benefits my illegitimate child is excluded from?

If your child is illegitimate, you do not receive the following benefits due to the government’s policy stance:

Type of Benefit	Description
Housing benefits	Currently, an unwed parent with a child does not immediately meet HDB’s eligibility conditions to purchase a HDB flat. An unwed parent who would like to buy a flat with their child(ren) can write in HDB via their e-Feedback form. HDB will be in contact with the parent and assess their request holistically based on the parent’s individual circumstance. According to HDB’s website, there is some flexibility in allowing unmarried parents aged 21 and above to buy up to a 3-room flat in a non-mature estate from HDB, or a resale flat. Those who cannot afford to buy a flat may be considered for public rental flats. Unmarried parents may be eligible for certain housing grants and schemes like the Assistance Scheme for Second Timers (if buying a new flat), and relevant grants – such as the Proximity Housing Grant – when purchasing a resale. However, these are still subject to prevailing eligibility conditions at the point of application.
Baby Bonus	Your illegitimate child is currently not eligible for the Child Development Co-Savings (Baby Bonus) Scheme which includes the Baby Bonus cash gift and dollar-for-dollar matching of savings for the child.
Tax relief	Unwed mothers do not enjoy the same tax reliefs as mothers of children born within marriage. These include the Parenthood Tax Rebate, Qualifying Child Relief, Handicapped Child Relief, Working Mother’s Child Relief, and Grandparent Caregiver Relief.

What are the benefits granted to my illegitimate child then?

Notwithstanding the above, there are benefits provided to illegitimate children as well.

Benefits Granted	Description
Child Development Account (CDA)	The Child Development Account (CDA) is a special savings account for your child that can be opened at any of the following banks: DBS/POSB, OCBC or UOB. A CDA First Step Grant of $5,000 is given for children in all birth orders, and is automatically deposited when you open the CDA for your child (note that this differs from the Child Development Co-Savings Scheme as mentioned above.)
Government-paid maternity leave	A working mother (whether an employee or self employed for at least 3 continuous months before the child’s birth, and the child is a Singapore citizen) is entitled to 16 weeks of Government-paid maternity leave.
Medisave grant and lifetime Medishield coverage for newborns	All Singapore Citizen newborns qualify for the MediSave Grant for Newborns of $4,000¹. A CPF MediSave account will be opened for each newborn, and the grant will be credited automatically. They will also be automatically covered by Medishield Life from birth, including those with congenital and neonatal conditions, for life.
Centre-based infant care and childcare subsidies	Provided that your infant or child is a Singapore citizen and is enrolled in a child care centre licensed by the Early Childhood Development Agency (ECDA), you may be eligible to receive a Basic Subsidy of up to $600 per month for full-day infant care, and up to $300 per month for full-day childcare.If you are a working mother with a gross monthly household income of $12,000 and below, you may be eligible for the Additional Subsidy, on top of the Basic Subsidy.
Childcare leave	Eligible working parents of Singapore citizen children are entitled to 6 days of paid childcare leave per year if the child is below 7 years old and the parent has worked for their employer or has been self-employed for at least 3 continuous months. Extended childcare leave is also available when your child is 7 to 12 years of age.
Education subsidies & financial support schemes	Your child may be eligible for various financial assistance and support schemes depending on the type of school or institution they are studying in. More information can be found here.
Kindergarten Financial Assistance Scheme (“KiFAS”)	KiFAS is a means-tested subsidy for families with (i) household incomes within the qualifying income ceiling of $12,000, and (ii) children enrolled in half-day kindergartens run by Anchor Operators and the Ministry of Education (MOE).
Foreign domestic worker levy concession	If your child is a Singapore citizen under 16 years of age and lives at the same registered address as you, the concessionary levy rate of $60 per month applies automatically on your child’s date of birth.

3. You Might Face a Situation Where the Other Parent Refuses to Support Your Illegitimate Child

Can the other parent decline to provide maintenance to my illegitimate child?

Under section 68 of the Women’s Charter, a child has the right to be maintained by their parents regardless of their legitimacy status. This means that both the biological father and the mother have a duty to provide shelter, clothing, food, and education to their illegitimate child, taking into account their means.

In the event that you find yourself as a single parent or non-parent maintaining the illegitimate child without support from the other biological parent(s), you may apply to the Family Justice Courts for child maintenance from him or her.

To assess whether the parent is fulfilling his or her duty to maintain the illegitimate child, the court will take into account the financial means of the parent. However, keep in mind that the financial burden should be borne equally among both parents.

4. Priority of Inheritance Goes to the Surviving Legitimate Children

Will my illegitimate child receive a share of my inheritance?

The Intestate Succession Act defines a “child” as a legitimate child and includes any child who is legally adopted. This is likely to mean that illegitimate children are not entitled to receive a share of their biological parent’s inheritance unless there is a will.

Under section 10 of the Legitimacy Act, an illegitimate child will receive a share of his or her biological mother’s inheritance upon her death only if the biological mother does not have any surviving legitimate children.

In light of our current inheritance laws, it is advisable for parents of an illegitimate child to write a will and expressly provide for the child to receive their share of the parents’ inheritance. Otherwise, you may consider legitimising the child by marrying the other biological parent, which will allow the child to receive their share of the property under section 5 of the Legitimacy Act.

5. Naming Rights are Restricted with Respect to Your Illegitimate Child

Do I have the right to change my child’s surname?

Under section 10 of the Registration of Births and Deaths Act, your child will take the surname of the biological mother if the father is not an informant of the child.

In the event that you are getting married to a man who is not the biological father, you may not change the child’s surname in the Birth Certificate to a third party’s surname if the child is under one year old.

6. Legitimising Your Child Might be the Only Option

How can I legitimise my child?

Under the Adoption of Children Act, it is possible to remove the label of illegitimacy by adopting your biological child. The child will then be legally considered a legitimate child as if born in marriage. While this grants your child legitimacy, in practice it does not entitle you to housing benefits and Baby Bonus cash grants, which are tied to the parent’s marital status.

In addition, note that this will terminate the rights and responsibilities of the other parent. For example, the other parent will no longer be able to claim for maintenance against the adopted child under the Maintenance of Parents Act.

However, this means of legitimising your child may not work for LGBT couples. For example, men may only apply as individuals to adopt male children, unless special circumstances warrant the adoption of a female child.

Alternatively, an illegitimate child may also gain legitimacy if his or her biological parents subsequently married under section 3 of the Legitimacy Act. Again, this option is not available for same-sex couples under Singapore law.

7. Children Born out of Surrogacy are also Illegitimate Children

If my child is born abroad out of surrogacy, is he or she considered illegitimate?

With tremendous advancements in technology, surrogacy is increasingly becoming an accessible means for an infertile or same-sex couple to have a child. Assistive Reproductive centres in Singapore are prohibited from carrying out surrogacy procedures locally. However, there is currently no law prohibiting individuals from participating in surrogacy procedures abroad.

Under Singapore law, a child born out of surrogacy is not considered the child of the biological parents, and is hence illegitimate.

The biological parent may consider adopting the child born out of surrogacy to legitimise the child. For example, in 2018, the Singapore High Court allowed a gay Singaporean man to adopt his biological child born through commercial surrogacy in the United States as doing so would be in the child’s interest.

However, Singapore’s public policy stance is generally against parenthood outside of marriage and the formation of same-sex family units. The transactional nature present in commercial surrogacy is also frowned upon.

As a result, regardless of their marital status or sexuality, parents may encounter difficulties legitimising their biological children born out of commercial surrogacy by adopting them.

If the adoption application is unsuccessful, the child born out of commercial surrogacy is likely to remain illegitimate in the eyes of the law.

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If you require more support, you may approach a Social Service Office for financial assistance or a Family Service Centre for socio-emotional support.

Should you require further information on the rights of your illegitimate child, feel free to read our article targeted towards single and unwed mothers or get in touch with our family lawyers for assistance.