Lose-Lose Situation

According to an article in TheStar, “The Kelana Jaya Wanita Umno division has passed a resolution calling for the Penal Code on baby-dumping to be amended to include penalties for men who fathered the children.”

This is just dumb.

It is a lose-lose situation for the father. This law can only be upheld if the position of the father is legally recognised. However, in our legal system today, the father is defined as the man whom the woman is married to. That is why the JPN requests for a marriage certificate when registering a child’s birth for a birth certificate.

I think that we can safely assume that in most of these cases, the baby that is dumped is as a result of an unwed pregnancy. The man is probably not man enough to own up to the act or the woman does not want to marry the man – maybe it was a casual one night stand thing for the both of them.

However, it is a lose-lose situation. If the baby gets dumped, the man gets recognised as the father and gets penalised. If the baby gets nicely delivered, the man is not recognised as the father and loses all parental rights. I don’t even want to imagine the situation of an extra-marital affair where the father is not the father and so on.

It is about time that the law is changed to recognise the father as the biological one.

Published by

Shawn Tan

Chip Doctor, Chartered Engineer, Entrepreneur, Law Graduate.

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