5 Things to Consider on the Birth of Your Child

By Winnie Chow, Collaborative Practitioner, Partner of CRB

Congratulations on your new baby!  Now that you have handed out the cigars and mastered the swaddle, what to do next?

As you will no doubt be making plans for your child, here are 5 things you should consider:

(1) Appointing a temporary guardian to look after your child on a short-term basis, in case you and the other parent are not available, because of overseas travels, a medical procedure or other commitments for example.

(2) Appointing a testamentary guardian who will care for your child in the event of your death, either to act jointly with the surviving parent or more commonly, to act in any event of the demise of both parents.  This appointment can be made in your Will, or by a Deed.

(3) If you and the other parent are not married, you will need a Court Order to ensure the unmarried father is given all the parental rights and authority for your child; otherwise, only the unmarried mother will automatically have all the parental rights and authority for your child at birth.

(4) The name of your child, and whether the child is to adopt the father’s surname.  It is automatically assumed by the Birth Registry that the child will take the father’s surname if the parents are married at the time of the birth. The child’s name can subsequently be changed by a Deed Poll executed by the parents.

(5) Making a Will so that financial provisions are made for your child in the manner you wish; otherwise, without a Will, your child will be provided for in the prescribed manner as governed by the Intestates’ Estate Ordinance, granting only a specific portion of your estate to your child, the quantum of which will depend on the prevailing circumstances and other family members who may survive you.

If you would like to explore any of the above consideration, please feel free to contact the CRB team.

This publication is general in nature and is not intended to constitute legal advice.  You should seek professional advice before taking any action in relation to the matters dealt with above.

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