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Illegitimate Child: Classifications of child legal status in different scenarios

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asked on Jul 15, 2019 at 10:12
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edited on Aug 21, 2019 at 15:00
 
I have a situation as I need to have classifications of a child status in the eyes of law. I am doing counselling and this was brought up to me so if I can have some help it will greatly appreciated.

Scenario No 1:

1 couple name A&B are in a separation process before divorce (less than 1 year) but had a one night stand with each other and B is pregnant and given birth to a child proven to be A's. Does that consider the child born out of wedlock?

Scenario No 2:

A&B divorce for more 3 years and out of alcohol influence and both had a one night stand and B was after 9 months was born out of wedlock. Does the child still be consider illegitimate child?

Thanks.
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2 Answers

answered on Jul 15, 2019 at 11:32
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edited Aug 21, 2019 at 15:52
 
@telur1,

What is your view to the Scenario 1, Scenario 2 above?
No scenarios. Give actual facts and more details.

This website is being accessed by thousands of couples with child custodianship issues, present and in the future.

The above questions are sensitive in nature. Wrong interpretation will only cause distress to the innocent child in the future. 

What is stated in the birth certificate of the child?
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answered on Jul 16, 2019 at 22:24
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edited Aug 21, 2019 at 23:22
 
@telur1

I will try the very best to answer "some" of it.

Scenario No 1:

A&B is still married, they are living apart separation, living in the same house but different rooms due to joint name property, temporary separation (to cool down) and Judicial Separation. How could the child be regarded as born out of wedlock when this couple is still locked and wedded?

Scenario No 2:

There are 2 possible ways of approaching this issue depending on both the parents of this child and some legal backdoors. This child can be a legitimate, can also be illegitimate child according to the wishes of 2 idiots..!!

1) If both the father and mother of this child want to shoulder the responsibilities, then the father gets the birth documents from the Government Hospital or Private Clinics and register the birth of this child using their ex-marriage certificate. But if this father has already changed and updated his MyKad to "single status", this child will still be an illegitimate child. Normally during registration, Jabatan Pendaftaran Negara (JPN) will not check on the status of the mother but will scan the MyKad of the father only. Hope the same old system is still in place.

2) They can register the birth of the child, then marry each other again to bring legitimacy back to the child. They owe this child!

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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