Unacknowledged children given right to name fathers

September 28, 2011 5:22 AM

PHILIPSBURG--A child born out of wedlock who does not have a father named on his or her birth certificate now has the right to list the father's name, thanks to Parliament's unanimous adoption of an amendment to Book I of the Civil Code that brings into effect the "Declaration of Paternity" right on Tuesday afternoon.

This amendment will become fully effective once it has been promulgated and published by government. An awareness campaign will be carried out by the Ministry of Justice to help the public better understand the change and its ramifications.

Justice Minister Roland Duncan explained in Parliament that the amendment made it possible for a child, his or her mother or the Court of Guardianship, on request, to seek the naming of the father. When established, the child will have all rights of a child born to the father in wedlock.

The amendment further builds on the 2001 amendment to the Civil Code that allows fathers to acknowledge children born out of wedlock without any hindrance, in keeping with international standards for family life.

Member of Parliament (MP) George Pantophlet of the National Alliance (NA) pressed Duncan to provide statistics on the number of children in St. Maarten without a father named on their birth certificates. His call came because the thrust behind this amendment was based mainly on Curaçao's some 25 per cent unacknowledged children.

The amendment was under consideration by the Netherlands Antilles Parliament dating back to 1995. Duncan has agreed to look into local statistics.

Pantophlet also questioned what this amendment would mean for sperm donors in the case of artificial insemination. Duncan said sperm donors were not subject to the legislation.

Pantophlet and fellow MP Dr. Ruth Douglass of the United People's (UP) party pointed out that changing the law would not bring about a spontaneous change in behaviour and urged government to carry out an awareness campaign.

MP William Marlin (NA) said he was aware of the "tremendous impact" this "meaningful change" would have on the community. He subscribed fully to every child having the right to know his/her father, adding that some fathers had just left children behind who later had been labelled bastards.

MP Leroy de Weever of the Democratic Party (DP) had queries about a mother naming the father of the child if a year had elapsed and the child remained unacknowledged. His concerns specifically concerned the need for a DNA test to establish paternity and the availability of this test in St. Maarten. Duncan said DNA testing was available via the Netherlands and Curaçao.

De Weever also raised concerns about mothers simply being able to visit the Civil Registry to swear an oath to name a father, as is done in particularly Latin American countries, and the issues this could cause for men who were named wrongly.

Professor Jan de Boer explained that the current amendment did not go as far as an oath at the Civil Registry. He also said this option had been introduced in the Latin American countries because women did not make full use of the option to go to court to have the father's name placed on the birth certificate. Once the local amendment is published, a person in St. Maarten can apply to the court to use his/her father's name.

MP Dr. Lloyd Richardson (NA) said the amendment would rectify many issues in the community and would give fathers cause to reflect on their progeny and issues their behaviour might have caused – behaviour that may have left some children without inheritance and, more important, with psychological scars from being unacknowledged. From a health point of view, it is good to know one's parents to prepare for possible health issues.

The Declaration of Paternity was just one of some 13 proposed amendments to the Civil Code. The other amendments will be dealt with in Parliament on Monday, October 3.

(Source: The Daily Herald Sint Maarten)

28 September 2011

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