Justice Minister Roland Duncan and Professor Jan de Boer, who has been working on the changes to the Civil Code, made a presentation to the Central Committee of Parliament on Monday morning. These amendments were passed on by the former Netherlands Antilles Parliament and are to be completed by the St. Maarten Parliament.
The "Declaration of Paternity" would give an unrecognised child the possibility to have a father listed on his or her birth certificate. However, the amendment will exclude the child from claiming any inheritance if the father has been deceased for more than five years. This amendment will bring St. Maarten in line with most European and Caribbean countries that already have made this provision for unacknowledged children under the "status of children" or similar acts.
De Boer labelled the amendment as a "very interesting and important bill for the society." The declaration can also be pursued by the Child Protection Board, but this requires the mother's consent. However, the child will have the right to request the declaration on his/her own from age 12 with the assistance of the Court of Guardianship.
Another change impacting family life is an amendment to the law on inheritance that will give better protection to a widow/widower. De Boer said the present setup does not protect the spouse fully if there is no will. His/her share is the same as that of each child of the deceased. This can lead to a case where the spouse does not have a house or means for his/her care after the partner has passed away.
The amendment to the inheritance law will give the surviving spouse the right of use of the house and enough money to live on. This new approach is "more Caribbean," the professor said, adding that it could be comparable to the system in the former British territories.
The amendment also will ensure that all children have sufficient means to complete their studies up to age 25. A child born out of wedlock who has been acknowledged or receives a declaration of paternity within five years of the father's death also can claim this right.
Also dealing with property, another amendment to the Civil Code, once approved, will distinguish between joint marital assets and those acquired by inheritance or gifts. Any inheritance or gift received by a spouse, for example from his/her parents, would not be added to the "marriage pool" and divided equally in the case of a divorce. Those assets will remain the property of the spouse who inherited them or to whom they were given.
De Boer, who is also a member of the Court of Justice and the St. Maarten Constitutional Court, said the re-codification of the 200-year-old Civil Code has been ongoing for the past 15 years. When this package of amendments is approved, the only missing part will be changes to the Labour Law that should be ready by the end of the year.
Among the amendments pending approval by Parliament are ordinances on joint custody of children, the introduction of a central station for child abuse, purchase of immovable properties (adding a time to reconsider/cooling off period), protection of consumer for goods purchased at distance (e.g. online), rent leases, insurance and retirement funds. Technical changes are to be approved in the draft ordinance on the Code of Civil Procedure and the 1931 bankruptcy act.
President of Parliament MP Gracita Arrindell said three of the pending amendments required more updating by the Legal Affairs Department and this process was ongoing. In need of updating are the draft ordinances for trust companies, the regulation of inheritance, gifts and donations, and "personal" companies.
Arrindell said a letter had been sent informing government that the 13 amendments will be taken up by Parliament, as this was a requirement when the amendments were submitted by government.
National Alliance (NA) Member of Parliament (MP) William Marlin queried whether such a decision to take over the laws did not require a decision of Parliament rather than simply a letter from Arrindell. Arrindell said the procedure was that correspondence coming to the Secretariat was answered, that had been done in this case and the next step was the Central Committee meeting.
Based on Monday's deliberations, the amendments now have been passed on to a plenary session of Parliament. That session may be scheduled for late September, because De Boer will be available at that time to answer any supplemental questions. Duncan has requested that all questions on the amendments be submitted in writing.
MPs Jules James, Dr. Ruth Douglass, and Johan Leonard of the United People's (UP) party, Dr. Lloyd Richardson and George Pantophlet (NA), and Patrick Illidge (independent) voiced their concerns about the state of children in the community regarding the responsibility of a minor, the legal quandary caused by teenage pregnancy, and the rights of "adopted" children.
Dr. Douglass enquired about the claims an "adopted" child could have on an estate of a deceased father, where the child had been adopted for the purposes of gaining residence papers and this had been done as a business transaction. Duncan said proving that money had been paid for an acknowledgment was "not easy."
De Boer said a child had to be acknowledged by the father at birth as of 2001. Any time after that the father has to prove that he is biologically the father (a paternity test) or show that he has been living with the mother on the long-term basis.
MP Pantophlet enquired about the age of consent being tagged at 15 while a child of 12 could request to have his/her father's name. Duncan said any changes should be proposed by Parliament, as it was the body that presented what was being called for in the community.
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