Tutorial 10-parents and child

1. Jane found out that she is pregnant. She told Joe her boyfriend about this. Jane
wanted to get married for the sake of the child. Joe told Jane that he was not ready
to settle down. Jane knew that without a marriage, her child will be an illegitimate
child. She wants to know how she can legitimize her child if Joe refused to marry
her.

It could be differentiated into 2 situations where the guy that marry Jane had the knowledge that
the baby Jane conceiving does not belonged to him. While the second situation is that the guy
had no knowledge that the baby is not belonged to him.

Jane can legitimize her child by marrying another guy that does not fuss about the pregnancy of
Joe and Jane. As according to Section 112 of the Evidence Act, as long the person was born
during the continuance of his mother with another man which not necessarily to be the father of
the person, or within 280 days after the marriage was dissolved, then such a person will be a
legitimate child which shown that as long Jane found a person which are willing to marry her
during her pregnancy, then such a child will be a legitimate child even though he is not the
biological child of the father. Apart from that, if the another guy knew that the baby does not
belonged to him but still willing to marry her, even though later he use this issue wanted to
divorce with Jane, the court will not grant such an order as under Section 71(2), it provided that
if the petitioner had the knowledge about the marriage was actually voidable under Section 70 of
the LRA but still get married and lived for a period where the respondent reasonably believe that
he will not dissolve the marriage, then the court will not grant dissolution under this
circumstances. Applying this proviso to this case, if Jane had let the guy knew that the baby was
not belonged to him but to Joe and the guy accepted such fact but still get married with Jane and
lived for a certain period of time that lead Jane believe that he will not dissolve with her, then the
court in such a situation will not grant such a dissolution and the baby will still remain
legitimize.

While for the 2nd situation where if Jane did not let the guy married her knew that the baby does
not belonged to him where he is ignorant to this fact, then Jane’s marriage may become voidable
as stated under Section 70(f) of the LRA 1976 as Jane was pregnant by Joe which was other than
the one who she gets married, where the guy also successfully prove that he is ignorant to this
fact as stated under Section 71(2) of the LRA. However, eventually under Section 75 of the LRA
1976, it provided where a decree of nullity is granted in respect of a voidable marriage, the child
will remain to be a legitimate child. Hence, Jane should go to find a person to marry her. Even
though the marriage will be dissolved due to the other party decide to dissolve such a voidable
marriage but the child will still be a legitimate child.

2. In the following cases, state whether or not an adoption order can be made. Give
reasons for your answer:
(a) Rick, a 40-year-old bachelor, wants to adopt Leya, the 11-year-old daughter of his
best friend who died in a car accident.

According to Section 4(1)(a) of the Adoption Act 1952, it provided that an adoption order will
not be granted to the applicant unless he is over the age of 25 years old and was 21 years old
older than the child he wants to adopt. Applying this proviso to this case, as in this case, Rick
had over the age of 25 years’ old which currently at the age of 40 years old, some more, he was
older than Leya 29 years’ old which had exceeded the age requirement, hence there is no age
restriction that restrict him to adopt Leya. However, under Section 4(2) of the Adoption Act, it
provided that it is prohibited for the male to adopt a female girl, unless there is exceptional
situation. Applying to this case, Rick who was a male is forbidden to adopt Leya who was a girl
as prohibited by the law unless Rick jointly adopted Leya with his wife. But in this case, Rick
was a bachelor so it is highly possible that Rick unable to adopt Leya.

(b) Chris and Su Lee, both currently aged 24 years old, have been married for 5 years
and want to adopt a 10-year-old orphan.

According to Section 4(1)(a) of the Adoption Act 1952, it provided that an adoption order will
not be granted to the applicant or the joint applicant unless he or one of the spouse is over the age
of 25 years old and was 21 years old older than the child he wants to adopt. Applying this
proviso to this case, as in this case Chris and Sulee wanted to apply for a joint adoption.
However, none of the party had reached the age of 25 years old. Furthermore, any of the party,
Chris and Sulee have yet older than the orphan for more than 21 years old where both of them
merely older than the orphan 14 years old. Hence, it is highly possible that the application for
adoption made by Chris and Su Lee will not be successful.

(c) Becca and Beccy, twin sisters aged 23 years old, want to jointly adopt their niece,
Dorothy.

According to Section 4(1)(b) of the Adoption Act 1952, it provided that an adoption order will
not be granted to the applicant or the joint applicant unless the applicant is the relatives of the
child they wanted to adopt and had exceed the age of 21 years old. Applying to this situation, as
both Beccan and Beccy who were twins was the aunt of the child, Dorothy which could be seen
as relatives. Furthermore, both of them had exceed the age of 21 years old. Hence, it is highly
possible that both Beccan and Beccy able to adopt their niece, Dorothy.