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Legitimacy of Child

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Joa
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Legitimacy of Child

Post by Joa » Fri, 15 Jan 2021 2:46 pm

Can anyone advise if a child born from a bigamous marriage overseas, considered legitimate under Singapore Law?

His father is a Singaporean, his mother is a PRC. his parents have since been divorced. His mother wants his father to apply for his custody for care and control in Singapore, so that the son can apply for PR or citizenship.

Under the Singapore law, a father cannot be granted custody for care and control if the child is illegitimate. The father is currently in his second marriage.

The bigamous marriage (2011-2014) has not been discovered by the authorities.

Regards
Jo

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PNGMK
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Re: Legitimacy of Child

Post by PNGMK » Fri, 15 Jan 2021 5:20 pm

The child of Singapore father has "some" rights to Singapore citizenship but they usually need to be exercised pretty fast (within months of child's birth if I recall correctly). IF the child was born as the result of a legitimate marriage AND during the period when the father was in a legitimate marriage to the PRC then I think the child has a chance but is running out of time.

The bigamous marriage is a problem for the father, not the child in this case - if I have read the timeline correctly.

HOWEVER IF the child is the result of a the bigamous marriage (which by it's bigamous nature is not a legitimate marriage) then the child will not succeed in applying for PR or SC for the reason you stated (Singapore does not grant citizenship to children born out of wedlock to SC fathers or mothers generally).
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therat
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Re: Legitimacy of Child

Post by therat » Fri, 15 Jan 2021 7:34 pm

In Singapore, children born out of wedlock, citizenship follow mother, not Singaporean father.

Even after the child born, parent officially marriage, the child will also will not get Singapore citizenship.

If mother is Singaporean, then the children will be Singaporean.

Joa
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Re: Legitimacy of Child

Post by Joa » Fri, 15 Jan 2021 10:45 pm

One lawyer approached my friend that he could help my fren to apply for custody of the son born out of a bigamous marriage. With the custody, my fren can apply for PR or citizenship of the child. He told my fren to submit the marriage and divorce certificate with the child's mother, and claimed that Family Court will not check if the marriage was bigamous or not. Is this true? If it is not true, wouldn't my fren be committing double crimes? Bigamy and cheating the Family Court into granting him a custody that by right he is not entitled to due to child is considered illegitimate?

Please advise

Jo

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