Abstract:
The statutory presumption of legitimacy under s 114 of the Evidence Act (Cap 97, 1997 Rev Ed) allows for “conclusive proof” of legitimacy to be established with relative ease. However, reliable scientific evidence of actual biological paternity continues to be formally denied its proper role in rebutting the statutory presumption of legitimacy under the Act. In the recent decision of WX v WW [2009] 2 SLR(R) 573, the Singapore High Court in upholding a child maintenance order granted by the District Court has exemplified judicial innovation in getting around the evidential restriction under s 114. Although this led to a just result given the circumstances of the case, WX v WW starkly illustrates the need for legislative reform of s 114 of the Evidence Act.