When it comes to adoption in Singapore, IRB Law is a trusted and reputable law firm that aids individuals in the adoption process. With a team of experienced adoption lawyers, we provide expert guidance, support, and advice. Our firm is recognized for its professionalism and commitment to client satisfaction. We offer fixed and transparent fees, and provide a free initial consultation to ensure clarity— even at initial stages.
Overall, adoption involves the legal transfer of parental rights and responsibilities from biological parents to adoptive parents. According to the Adoption of Children Act (ACA), when a court passes an adoption order, the child’s legal ties with the biological parents are severed, transferring all rights, duties, obligations, and liabilities the adoptive parents.
To initiate the adoption process, individuals involved must meet certain eligibility criteria, including:
The child must be below 21 years old and single.
The applicant must be at least 25 years old.
The applicant must be at least 21 years, but not more than 50 years older than the child.
Exceptions can be made if the child and applicant are blood relatives or if married parties are at least 25 years old and seeking to jointly adopt a child who is less than 21 years younger than them.
Obtaining consent from relevant parties is crucial in the adoption process. These parties may include the child’s parents, grandparents, guardian, custodian, the party responsible for the child’s financial support, and the applicant’s spouse (if applicable). Specific details about consent from the aforementioned parties are provided below:
According to the ACA, consent from the child’s biological parents is of utmost importance, generally serving as the primary requirement for adoption. It is essential to obtain their consent unless their parental rights have been terminated by a court order or other legal means.
In situations where the child’s parents are below 21 years old, the consent of the child’s grandparents may also be required. This provision ensures that the child’s extended family is involved in the decision-making process and promotes a comprehensive assessment of the child’s welfare.
Additionally, if custody has been granted to a non-parent, such as a guardian or custodian, their consent is necessary to proceed with the adoption. This requirement acknowledges the custodian’s role in the child’s upbringing and ensures their participation in the adoption process.
Moreover, the consent of the party responsible for the child’s financial support is vital. This party may include the child’s biological parents, a legal guardian, or an individual who has been providing financial assistance to the child. Their consent ensures that the child’s financial needs and welfare are adequately considered during the adoption proceedings.
Furthermore, if the applicant is married, the consent of their spouse is generally required. This requirement aims to involve both spouses in the adoption decision, acknowledging the shared responsibility and commitment to raising the child within a stable family environment.
It is crucial to note that the requirements in each adoption vary depending on circumstances of the case. The ACA provides guidelines on the consent process, which is carefully evaluated by the relevant authorities, such as the Family Court or the Adoption Board, to ensure that the interests of the child are prioritized and protected.
There are three types of adoption orders; Adoption orders can be unconditional, conditional, or interim.
Unconditional adoption orders are the most common type granted by the court. The order effectively terminates the parental rights of the child’s biological parents and establishes a new parent-child relationship between the adoptive parents and the child. An unconditional order grants the adoptive parents full legal authority and responsibility for the child’s upbringing, welfare, and decision-making.
Conditional adoption orders may be issued with specific conditions set by the court. These conditions are imposed when the court deems it necessary to address unique circumstances or concerns surrounding the adoption. The court may attach conditions related to the child’s upbringing, education, religion, or any other relevant factors. Compliance with these conditions is essential to ensure the ongoing validity of the adoption order.
In certain cases, the Family Court may grant an interim adoption, which places the applicant on probation, providing specific directions regarding the child’s upbringing during the probationary period. This type of order is typically issued when the court requires more time to gather information, assess the suitability of the adoption arrangement, or evaluate the progress of the adoption process. During the interim period, the court may direct the applicant to undergo evaluations, assessments, or fulfill certain requirements outlined by the court to determine their suitability as adoptive parents. The court may also provide instructions regarding the child’s care, welfare, or any other relevant matters. After the interim period, the court reviews the situation and decides whether to issue a final unconditional or conditional adoption order.
Singapore also provides guidelines for adoption of a stepchild. Singapore citizens seeking to do so can apply to waive the Home Study Report (HSR). However, this does not apply to foreigners adopting stepchildren. Furthermore, if the stepchild is not a Singapore citizen, the adoption process follows that of adopting a foreign child.
To be considered for adoption under the Singapore law, the child being adopted must be a resident of Singapore. This includes Singapore citizens, Singapore permanent residents, or Dependant’s Pass holders. A child residing in Singapore on a visit pass, student’s pass, or special pass is not considered a resident.
The adoption process begins with attending a compulsory Pre-Adoption Briefing (PAB) to learn about adoption procedures and parenting responsibilities. After identifying the child for adoption and obtaining consent from necessary parties, the applicant must gather official documentation and prepare an itemized list of adoption-related expenses.
Submitting an adoption application to the Family Court, either in-person or through a lawyer, leads to further steps, such as filing a request at the Ministry of Social and Family Development (MSF) with specific documents. If the application is successful, a Guardian-In-Adoption (GIA) is appointed to safeguard the child’s interests, and an investigation by the MSF follows. A hearing at the Family Court determines if the adoption order is granted.
The case of WKT and another v WKV [2023] SGFC 6, heard in the Family Court, Singapore, involved a dispute over the adoption of a child by foster parents, with the biological father contesting the proceedings. The court had to consider the paramount welfare of the child versus the biological father’s desire for potential reunification with his daughter, with whom he previously had limited contact. The Director-General of Social Welfare was appointed as the Guardian in Adoption (GIA) to conduct investigations, which concluded that the adoption would be in the child’s best interest. The court, after hearing arguments from both parties, allowed the adoption. Discontent with the decision, the natural father appealed.
The Applicants in this case were a married Singaporean couple, who had been foster parents to the child since her birth. The child’s natural parents, who were incarcerated, had consented to the child being placed in foster care. The natural mother later consented to the adoption, but the natural father, who had limited contact with the child, objected. The court proceedings involved several hearings and adjournments as the natural father sought legal aid and new legal representation.
After considering the evidence, written submissions, and oral arguments, the court dispensed with the natural father’s consent and granted the adoption to the foster parents. The court’s decision was based on the welfare of the child, considering the child’s bond with the foster parents and the limited contact with the natural father. The natural father, dissatisfied with the decision, filed an appeal. The court outlined the grounds for its decision and reiterated the importance of considering the welfare of the child as the paramount factor in adoption cases.
Please note that this summary provides an overview of the case and should not be considered legal advice. For a complete understanding of the case and its implications, refer to the full judgment and consult with legal professionals.
Issue 1: The Law regarding whether the Court should dispense with the Natural Father’s Consent
The court analysed the requirements under section 4(4) of the Adoption of Children Act 1939 to determine whether the natural father’s consent should be dispensed with. Section 4(4)(a) relates to abandonment, neglect, or persistent ill-treatment, which did not apply in this case as there were no allegations of such conduct. Section 4(4)(b) refers to physical or mental incapacity, which also did not apply as the natural father’s incarceration did not constitute incapacity. Therefore, the court focused on section 4(4)(c), which allows the court to dispense with consent based on the circumstances of the case. The court referred to previous cases, such as Re BJU and Re B, which provided guidance on when consent can be dispensed with. These cases considered factors such as the child’s well-being, attachment to the foster parents, and the natural parent’s ability to provide care and stability.
Issue 2: Whether granting or dismissing the Adoption would be in the best welfare of the Child
In this case, the court considered the child’s well-being and relationship with the foster parents. The child, who was 8 years old at the time of the hearing, was described as shy but well-adjusted. She had a close and loving relationship with the foster parents and expressed a desire to stay with them permanently. The child had also formed strong bonds with her younger foster siblings. The court noted that the child had special needs, showing improvement under the care, support, and treatment provided the foster parents. The court evaluated the background of the natural parents, who had a history of drug addiction and incarceration. Furthermore, though there were no allegations of persistent ill-treatment or neglect, the natural father had limited contact with the child.
Based on these considerations, the court found that granting the adoption would best protect the child’s welfare. The child had formed strong bonds with the foster parents, who provided a stable and loving environment. Reunification with the natural father would disrupt the child’s sense of security and potentially expose her to instability and risk. The court emphasized the importance of prioritizing the child’s best interest in adoption proceedings.
Please note that this summary provides an overview of the court’s analysis of the issues and should not be considered legal advice. For a comprehensive understanding, it is advisable to consult the full judgment and seek professional legal assistance.
The child’s biological mother had a history of substance dependence and mental health issues, including diagnosis of borderline personality disorder. Since 2015, she had been in and out of prison, opting not to initiate any contact with the child after her release. As previously mentioned, the biological also had a history of incarceration for drug-related offenses and had limited contact with the child through supervised visitation. He expressed his concerns about the adoption but acknowledged that the applicants had provided good care for the child. The court considered the suitability of the applicants for long-term care and found that they had been providing stable and loving care. The court also assessed the Natural Father’s ability to care for the child and found that his history of drug addiction and relapse, as well as his limited contact and commitment to access sessions, raised concerns about his ability to provide a stable environment for the child. The court determined that the child’s welfare was of paramount importance and that granting the adoption would provide stability and predictability for the child’s future. On these grounds, the court dispensed with the Natural Father’s consent and granted the adoption.
Please note that this glossary provides general definitions of terms related to adoption in Singapore. It is important to refer to the specific provisions of the Adoption of Children Act and consult with legal professionals or authorized adoption agencies for accurate and detailed information related to adoption in Singapore.
In Singapore, the Adoption of Children Act 2022 (ACA 2022), which will take effect in 2023, is a significant legal framework governing adoption. It replaces the previous Adoption of Children Act 1939, with the aim of prioritizing the best interests and welfare of children, ensuring a fair and balanced approach to adoption, and establishing a robust regulatory system for the adoption process.
Under the ACA 2022, several key changes have been introduced to enhance the adoption process and ensure the suitability of adoptive parents. Let’s delve deeper into these changes:
Eligibility to Make an Adoption Application: To make an adoption application, the applicant(s) must be habitually resident in Singapore. For joint applicants, at least one of the applicants must be a Singapore Citizen, or both applicants must be Permanent Residents. However, sole applicants must be either Singapore Citizens or Permanent Residents. Persons convicted of serious crimes are prohibited from adopting to prioritize the safety and well-being of the child.
Guardian-in-Adoption (GIA): Previously, applicants needed to make a separate application for the consent of the Ministry of Social and Family Development (MSF) to act as the Guardian-In-Adoption (GIA). However, under the ACA 2022, a public officer appointed by the Minister will automatically assume the role of the GIA. This change streamlines the process and ensures consistency in safeguarding the child’s interests.
Pre-adoption Requirements: The ACA 2022 introduces specific requirements that applicants must fulfil before filing an adoption application, which includes attending a compulsory Pre-Adoption Briefing (PAB). PABs provide essential information about the adoption process and the responsibilities of adoptive parents. Additionally, applicants must attend a briefing on the disclosure of adoptive status conducted by Authorized Adoption Agencies (AAA). It is also critical that applicants obtain a valid and favourable Adoption Suitability Assessment (ASA) from an AAA. The ASA assesses the applicants’ suitability to adopt a child and ensures they are prepared for the responsibilities of parenthood. It is necessary to have attended the PAB and resided in Singapore for one continuous year before applying for an ASA.
Consent of Relevant Persons: The ACA 2022 emphasizes the importance of obtaining valid consent from relevant persons involved in the adoption process. Relevant persons include parents, guardians, custodians, and those responsible for the child’s financial support. Consent must be obtained in the prescribed form and witnessed by two individuals who are at least 21 years old. This requirement ensures the transparency and legality of the adoption process, maintaining the best interests of the child.
Additionally, the ACA 2022 addresses various offenses related to adoption. For example, it strictly regulates the publication or broadcast of information/pictures that may identify a child undergoing adoption. Exceptions to this rule are allowed only with the child’s consent, when the adoption is successful, or with the relevant person’s approval. Prohibitions against improper payments, rewards, or inducements for adoption purposes are also established to maintain the integrity and fairness of the adoption process.
Furthermore, the ACA 2022 empowers Authorized Adoption Agencies (AAAs) and the GIA to direct assessments, request further information, and order mediation or counselling if necessary. This enables a comprehensive evaluation of the adoptive applicants, ensuring their suitability to provide a safe and nurturing environment for the child.
It is important to note that the ACA 2022 introduces stringent measures to prevent non-compliance. Failure to fulfil obligations, such as reporting offenses, complying with court orders, or providing false information, may result in penalties or legal consequences.
The ACA 2022 represents a significant step towards enhancing the adoption process in Singapore. By prioritizing the child’s welfare, establishing clear eligibility criteria, and enforcing strict guidelines, the legislation aims to facilitate the placement of children in loving and supportive homes while safeguarding their rights and interests.
Please note that this summary is for informational purposes only and should not be considered legal advice. For detailed guidance and specific adoption-related matters, it is recommended to consult IRB Law Adoption Lawyers or seek other professional legal assistance.
Please note that these are real cases handled by IRB adoption lawyers. However, the names and identification details of clients have been altered to protect confidentiality.
Case 1: Smith Family Adoption
In the case of the Smith family, Mr. and Mrs. Smith, both Singapore citizens, desired to adopt a child below the age of 5. They met the eligibility requirements and obtained consent from the child’s biological parents. With the assistance of IRB Law Adoption Lawyers, they successfully submitted their adoption application and attended the Pre-Adoption Briefing. The Guardian-In-Adoption was appointed, and the MSF conducted an investigation. Eventually, the Family Court granted an adoption order, and the Smiths became the proud parents of their adopted child.
Case 2: Lim Family Adoption
The Lim family consisted of Mr. Lim, a Singapore citizen, and his wife, Mrs. Lim, a Singapore permanent resident. They sought to adopt their stepchild, who was a Singapore citizen. IRB Law adoption lawyers assisted them in navigating the adoption process and obtaining the necessary waivers for the Home Study Report. The family complied with all requirements, including obtaining consent from relevant parties. Following a successful hearing at the Family Court, the adoption order was granted, and the Lims embraced their new family dynamic.
Adopting a child is a life-changing process, and understanding the legal requirements and procedures is essential. IRB Law adoption lawyers are dedicated to guiding you through the adoption process with expertise and transparency. Our legal counsel will provide the constructive support and advice necessary for success at each stage of the adoption process. For further assistance, please reach out to us for a consultation.
Author: Mohamed Baiross/IRB LAW LLP
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Mohamed Baiross is the managing partner of IRB Law and one of the nation's leading lawyers in multiple practice areas, including civil, corporate, and commercial law. With over three decades of experience as a business lawyer, Mohamed Baiross has built a renowned corporate law firm in Singapore, providing expert legal services to global corporations and local businesses.
Kulvinder Kaur is a prominent commercial and corporate lawyer and an expert in litigation matters. Kaur is well-known in all courts of Singapore for strong legal representation in the most complex cases across multiple practice areas.