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Should VI children born out of wedlock have rights to property?

The Virgin Islands is a signatory to the U.N. Convention on the Rights of the Child (CRC), which is an effort by the United Nations to give the world’s children protected status through an inclusive, legally-binding human rights treaty. Image: Bahai Faith
ROAD TOWN, Tortola, VI - Several years ago, former Legislator Reeial George spoke of the need for similar legislation without much support and now the sensitive issue of whether children born out of wedlock should have rights to family property in the Virgin Islands is on the front burner once again.

According to Law Reform Commissioner Ray C.M. Harris, who appeared on two radio programmes - Speak out BVI and Umoja- last week, the issue has been on hold for some time but it is now time for the Commission to address it in keeping with the convention and International Treaties that the VI has signed on to including the UN Convention on the Rights of the Child.

According to Mr. Harris, it is no point being parties to conventions and International Treaties but not implementing them into domestic law. “So I think it is about time that we don’t only make an attempt, hopefully, but we in fact do the right thing.”

There would be several public consultations held on the issue before a draft could be done to put to Cabinet. The public consultations will begin on April 10, 2012 at the East End/Long Look Community Centre and continue on April 12 in Road Town (Methodist Church Hall); April 17 at Cane Garden Bay Baptist Church and April 18 in Virgin Gorda.

According to Douglas Wheatley on his radio programme Speak out BVI on Tuesday March 27, 2012, the issue is a sensitive and important one, which he thinks the Virgin Islands is a "little left of centre” on. “Here are a number of other Territories already, Guyana for instance and St. Kitts just to name two, have been very progressive in their views on this matter but somehow or the other the BVI has been lagging.”

Pastor Melvin Turnbull, who was a guest on the programme, believes it is fear that is preventing Virgin Islanders from doing what is “morally correct”. He noted the fact that the indigenous population being outnumbered by expatriates is one of the reasons for the fear. He said too that Virgin Islanders see the issue of ownership of property/land as the sceptre of power, which they would find it difficult to relinquish.

“We are afraid because we do not understand that we are indeed one people...I would normally say we have just been dropped off in different parts of the diaspora and so the fear of not knowing what would happen because we are afraid of knowing, we are sometimes driven to do the opposite of right,” Mr. Turnbull said.

He also said Virgin Islanders always had an individualistic approach, which can be detrimental especially now that we live in a global village rather than a vacuum.

41 Responses to “Should VI children born out of wedlock have rights to property? ”

  • tolian (02/04/2012, 08:56) Like (0) Dislike (0) Reply
    Of course they should have rights. How in the world is this even a question? Its not the child's fault that s/he was born out of wedlock. Some people don't even believe in marriage. Very ignorant question. Its embarrassing that's this is even a topic of discussion.
    • To: Tolian (02/04/2012, 10:12) Like (0) Dislike (0) Reply
      You are definately a Tortolian, we need to encourage our children whether they are born legitimate or illegitimate to work hard and aspire to reach their goals in life and not to rely on inheritance. Instead we Tortolians need to place our focus on teaching our children how to invest in the purchase and development of their own property. By the sweat of your brow shall ye eat. You are not entitled you are Ordered by God to work for what you want. Stop spoiling the youth into thinking they are entitled. That's one of the reasons why our criminal statistics are skyrocketting in the BVI. "INHERITANCE"
      • tolian (02/04/2012, 12:03) Like (0) Dislike (0) Reply
        What exactly does that have to do with anything I said? A child should have the same rights as any child whether he was born out of wedlock or not.
        • To: Tolian (02/04/2012, 12:36) Like (0) Dislike (0) Reply
          You do not understand it because you are unable to decipher the message being sent to you. So because you have no wisdom you do not see the good in what is being said to you and the general public on this issue.
      • Real (03/04/2012, 00:57) Like (0) Dislike (0) Reply
        You missing the whole point of the questions!
    • ready or not here i come (02/04/2012, 10:24) Like (0) Dislike (0) Reply
      Totila respect other peoples opinion on this topic please!
      • tolian (02/04/2012, 12:01) Like (0) Dislike (0) Reply
        No, right is right and wrong is wrong. Should I respect racist comments of White Supremacist, just because its their opinion too? Get out here with that nonsense.
  • S (02/04/2012, 10:04) Like (0) Dislike (0) Reply
    The children should get their rights. BVI to backwards.
    • tolian (02/04/2012, 12:04) Like (0) Dislike (0) Reply
      Real talk. It got too many evil people in this place.
    • Wellsah (02/04/2012, 12:08) Like (0) Dislike (0) Reply
      Take you rarse home out of my BVI, if its so backward. You are here because there wasn't anything at your home and now you want to call down another man's home. You must be smelling your self.
      • To: Wellsah (02/04/2012, 12:40) Like (0) Dislike (0) Reply
        It bothers you because it is true. I am a born BVIslander, there are some born here in this jurisdiction that hold nothing towards people but evil and to seek to destroy the fabric of our little society. Where do you want me to take myself to?
      • S (02/04/2012, 20:35) Like (0) Dislike (0) Reply
        I am from BVI. Can't go anywhere
  • dominant (02/04/2012, 10:11) Like (0) Dislike (0) Reply
    Many married BVI landers women, the older generation has been adamant in not having a law provided for children that is out of wedlock have rights to their fathers' estate.
    • To: Dominant (02/04/2012, 11:23) Like (0) Dislike (0) Reply
      These supposed BVIslander Women are doing the illegitimate children a favour. Pay attention, the illegitimate children who are raised by single parents who aspire them to achieve though treated differently around the world, are making their mark in these latter days, they are becoming makers of laws, judges, lawyers, scientists, teachers, doctors, captains, and the list goes on... Whereas the ones supposedly born in wedlock to the rich in land and houses are taught nothing but are spoiled rotten into getting their entitlement "INHERITANCE" They even inherit the wickedness of treating their own children like dogs. They make it their duty not to marry because that is what the older Tortolians teach them to do, so that they can keep the inheritance to themselves and give it to who they want. Most of those same legitimate children become nothing because even though they may pass their exams in school they go no further because they believe that as long as they do what these OLDER TORTOLIAN PEOPLE SAY everything is already provided for them. These are the same people who call themselves people of principle, God fearing and they are tearing down the very fabric of our society, the "YOUTH". Leave these criminals be, the only INHERITANCE we need to be focussed on is the NEW EARTH that our MASTER LORD SAVIOUR and CREATOR has promised us. I say encourage the children to educate themselves, train them to educate their children to come and let them buy, sell and develop their own estate. This will make them feel much more favoured than fighting for something that they never worked a day in their life to achieve. Let us motivate our children, refrain from teaching them sibling rivalry. This is coming from a parent that have two illegitamate children and believe me, I don't want them to have anything that they don't work for. However I would not discourage them from accepting a gift of property or even money from a family member, I would let them make that decision on their own. My children will not be encouraged to focus on "INHERITANCE". The focus of obtaining things that belong to other people is the initiation of our children into continuing envy and jealousy towards their other siblings and family members other members of our society. Thus the enhancement of stealing, robbery, murder, lying, cheating and the list goes on and on.
      • True Story (02/04/2012, 16:13) Like (0) Dislike (0) Reply
        I agree with you 100%. As parents if you don't teach children the true value of hard work at a young age, in these times, alot of them look for the easy way out.
      • do your work (02/04/2012, 23:49) Like (0) Dislike (0) Reply
        that is why productivity is so low in the B V I cause most of you stay on vino all day blogging
  • good luck (02/04/2012, 10:14) Like (0) Dislike (0) Reply
    i said no rights..let the rights go to who got kids in wed lock... ova & out!
    • tolian (02/04/2012, 12:04) Like (0) Dislike (0) Reply
      Why must the child suffer? Is it his fault he was born out of wedlock?
  • ppl like u (02/04/2012, 10:50) Like (0) Dislike (0) Reply
    this is the bulk of our population or our own. So what are you saying.
  • To: Dominant (02/04/2012, 11:27) Like (0) Dislike (0) Reply
    Be very minded that I am not encouraging anyone to continue on a field trip of fornication and have children out of wedlock this is against the teachings of what God stands for.
  • Guest (02/04/2012, 11:51) Like (0) Dislike (0) Reply
    How about people get married first before they start having children if you looking for your children to inherit something. That would end all of this. :^) It may not be the child's fault that they are here but often in life we all pay at one point or another for some silly mistake someone else made. I have a question though, if a child is born out of wedlock and his father leaves him land is it not his or does he have to jump through hoops to claim it because his mother and father are not married? If the child doesn't have to jump through hoops then why don't the parents make up a will when they have these illegitimate children and leave to them what they please.
  • HMMM (02/04/2012, 12:13) Like (0) Dislike (0) Reply
    I am so sorry for my people. The aristocrats have you guys one way. What is the definition of out of wedlock? You people as so far behind that it is not funny anymore. A bastard child/child born out of wedlock is a child of the other nation whom the most high commanded that you should not mix with.
    • To: HMMM (02/04/2012, 12:44) Like (0) Dislike (0) Reply
      "A bastard child/child born out of wedlock is a child of the other nation whom the most high commanded that you should not mix with." Please refer me to the area in the Bible that states this?
      • HMMM (03/04/2012, 04:25) Like (0) Dislike (0) Reply
        Here are a few scriptures for you as there are many more Deuteronomy 7:3 Deuteronomy 23:2 Zechariah 9:6 Daniel 2:43 Ezra 9:12 Leviticus 19:19 A "bastard" in the Old Testament means a child born of an Israelite father and a heathen [non-Israelite] mother. God had commanded the Israelites not to intermarry with the nations around them, but they did, and God called their offspring bastards. Many generations had to pass before his progeny could be allowed into the congregation of the Lord, another name for the nation of Israel. Do your research and bible reading and you would not have to ask me to prove nothing to you. You set of ignorant want to be’s …. Think you know so much but yet still no so little. The elite has changed you all history and you still cannot see the truth even it was right in your faces. Hosea 4:6 Isaiah 5:13
  • ausar (02/04/2012, 13:11) Like (0) Dislike (0) Reply
    It would be quite interesting to see how many families in the Virgin Islands(British) inherited other people's property because of this law. Not too long ago, a prominent third-district-er was taking his own family to court to repossess what their dead father wanted for those children.Luckily for those children, the court granted them their father's wishes. However, many children are not so lucky. Many parents will not return to the Virgin Islands(B) because of this law. Their children were "bastards" and other's have inherited their children's property. Luckily, there are some smart Virgin Islanders(B) who had the foresight to sell what possessions they had to their "bastard" children while they were alive to avoid their children having the property repossessed after they died by greedy family members or wives. Perhaps, it is in this manner, many parents with bastard children may have to go to avoid their property be given to persons not of their choosing after their death. Alas, a will is only valid when one is alive. Upon incapacitation or near death, a will can be re-assigned on a death bed, by a letter "X" or with a willing lawyer, new wills drawn up rendering the signed-null and void! Now if the government can deal with such issues, perhaps a new chapter could be forged in this country with regards to "true" human rights. ...Or unless, many of those governmental officials are the recipients of "bastard children's" property, rendering them not interested or outright unwilling to deal with such issues!
  • Mmm (02/04/2012, 13:24) Like (0) Dislike (0) Reply
    If the father wants to leave something to his outside child he can simply leave a will. The wife's (who is the one taking all the stress and challenges at home and doing his cooking, cleaning and doing his laundry and whatever else for donkey years, her) children should naturally inherit especially if it is the same property all of them have been residing in as a family. I can tell you I see my little country getting less and less family oriented and I don't like it at all. No it is not the child's fault that they were born out of wedlock but again let the father just leave a will to avoid any confusion of what he wants that child to have.
    • $&&)( (02/04/2012, 20:55) Like (0) Dislike (0) Reply
      To Mmm Don't know who you are but you sure sound like you obviously are one a them woman who tek somebody man then trying to defraud the man previous children. Plenty woman will downgrade themselves in anticipation of money house and land. BUT there are some wives who cook clean love and bang for love. A child is a child. Wonder what your comment will be if you bout to keel over and know the man will remarry and have more children?
  • ReX FeRal (02/04/2012, 14:25) Like (0) Dislike (0) Reply
    Pastor Turnbull. Virgin Islanders did not always had tha Individualistic approcah you are making reference to. "We" never used to live that way. We have become that way because of newly discovered wealth and inheritance. We are a diffent kinda different people nowadays brother. Who moved your Cheese?
  • Deoxyribonucleic Acid (02/04/2012, 15:39) Like (0) Dislike (0) Reply
    HAs anyone ever heard of DEOXYRIBONUCLEIC ACID? It is a genetic indicator commonly known as DNA. This is what people in the year 2012 use to determine paternity. There are no "inside" or "outside" children. There is no longer any such thing as an "illigitimate" child. Those terms, and laws pertaining to those terms were made to stop the "illigitimate" and mixed-race offspring of the White slave owners from having a part in the inheritance of his White "legitimate" children. Those same standards are not to be used on ourselves, against ourselves. Sometimes I wish that whole generation would die off quickly with their backwards ways. Anyway, let's speak the truth now: How many "legitimate" children within marriages don't belong to the husband as listed on the Birth Certificate? Come on now, speak the truth. This is the Caribbean.... There are plenty, probably more than 25% of the children born in wedlock don't (genetically) belong to both parents within the marriage. As a matter of fact, paternity has nothing to do with the piece of paper called a marriage certificate. If we issued DNA tests before a any man's name go birth certificates, there would be many certificates with only the mothers' names on them.
  • ice cream (02/04/2012, 15:53) Like (0) Dislike (0) Reply
    let my people go!
  • Looking on (02/04/2012, 20:14) Like (0) Dislike (0) Reply
    I agree, let the father leave a will to allow his "bastard" children to inherit something. However I feel children in a marriage is what God intended for so they are the rightful inheritors of their father/mother's estate. Why do all these Tolian men keep getting "bastard" children eh, get married and have children with your wife!!! Then there would be no issues!!!
  • Crucshaw (02/04/2012, 20:44) Like (0) Dislike (0) Reply
    --Well I am a bastard who father had a fowlcock of a time. 5 bastards by 5 different local women then decide to shack up in he old age and have more lil ones. Hell yes I want some of what is his but, my problem is as a big woman and I think other adults will agree with me, a woman can entice better than bastard beggars. This means that the woman will undoubtedly influence my father to ensure that her young children will be taken care of and to ensure that she will get the house that was paid for when she meet him. --So after the adult children done struggle to make something of themselves only the younger ones and their mother stand to gain a birthright. --So now Mr Harris have you also made provision for this very common BVI situation? I did listen to you on the Cromwell show. I hope you reading these logs.
    • Gucci Goddess (03/04/2012, 10:10) Like (0) Dislike (0) Reply
      I know of people myself also included who did not have to wait until anyone died to inherit land. So if your father has land or a house other than the one he is living in he would have most likely given you land at least. Plus really why you waiting for someone to kneel over for you to get anything, God Bless the Child that has their own! Trust and believe if you father wants to leave you something he will leave you something.
  • Hello (02/04/2012, 20:57) Like (0) Dislike (0) Reply
    Time to do email surveys in this day and age.
  • Hmm (02/04/2012, 20:57) Like (0) Dislike (0) Reply
    Children should not be discriminated against based on their parents' marital status.
  • bad boy rules (02/04/2012, 23:14) Like (0) Dislike (0) Reply
    this issue is about human rights and that what i think.
  • ausar (02/04/2012, 23:16) Like (0) Dislike (0) Reply
    Always remember "Mmm" that children born out of wedlock has no say in the Highest courts in the Virgin Islands(British). So a will is preety much invalid. Anyone born in wedlock of that family can argue in those courts WHY that child should not get that property and when the gavel drops, that child will be left out in the cold. Those laws need to change. SO MUCH FOR A DAMN WILL! So people stop coming on these blogs trying to justify a will. It doesn't work for a bastard child. Only the sale of property to a bastard child by the father while he is still alive will gurantee anything for that child. I'm telling you, many Virgin Islanders(B) in the past did it and today, their bastard children are quite comfortable. Don't listen to those lawyers who tell you otherwise. Many are only protecting those who have argued in courts against bastard children and have taken away their properties.
  • Wife, Mistress & Sideting (03/04/2012, 00:23) Like (0) Dislike (0) Reply
    The children of the wife, mistress and sidetings must have equal rights. Its a an unfortunate way of life in the BVI, but I see no reason for any kid to suffer because of daddy's worthless lifestyle. Vice versa!
  • Real (03/04/2012, 01:06) Like (0) Dislike (0) Reply
    When a woman marry and have a family, but had a child out of wedlock before the marriage and that child is not her husband child. Can that child inherit anything from the mother?
    • johnnycomelately (03/04/2012, 07:09) Like (0) Dislike (0) Reply
      Whle one should not dispute that the illegitimate child should be classified as 'the child of the father or mother', in the case of intestacy (a man dying without a will), that 'outside' child should not share in that estate. If the father wishes to provide for the child, he should give an inter vivos (while he is alive and competent) gift to that child. Alternatively, there are some loose women who will be going and identifying a man that she wants to raise up seed unto. There are some women now with motive. The story is told of one woman who had wrecked a married couple home. When her time came to leave the island she relied on what she thought was her claim to stay: "Me got bambino born here." Some women are too bold with their deeds -- targetting men and trapping them for their own gain. We should recognize the child but do not allow that child to share in the estate as the children of the marriage. If the father cares for that child, make a provision by will.
  • Fatness (03/04/2012, 01:35) Like (0) Dislike (0) Reply
    A WILL is the answer to the hole darm problem. Whether in or out of wedlock.


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