Adoption is a life-changing decision that brings joy and fulfilment to both the child and the adoptive parents. It’s a journey of love, patience, and resilience. As you embark on this path in Singapore, it’s crucial to understand the procedures involved.
This article aims to shed light on the adoption process, making your journey smoother and clearer.
What is Adoption?
The adoption process confers parental rights over a child to the applicants. Subsequently, upon completion of the adoption, the adopters sever the parental ties to the original parents. Consequently, the adopters become the parents and take on all parental rights, duties, obligations, and liabilities in relation to the child. Moreover, it’s worth noting that married spouses may jointly apply for the adoption of a child.
In Singapore, child adoption is primarily regulated by the Adoption of Children Act (ACA). For more detailed information about the eligibility of adoptive parents, procedure, legal implications of adoption, and other related eServices, do visit the Ministry of Social and Family Development Adoption Portal.
Once the adoption is complete, it may also be possible to change the name of the child by executing a deed poll.
Who Can I Adopt?
Only a child who is under the age of 21 may be adopted. Further, the child must never have married. Children from foreign countries may also be adopted but different laws may apply, depending on the child’s nationality.
Under the ACA, a sole male applicant will not be allowed to adopt a female child unless there are special circumstances that justify the adoption as an exceptional measure.
It is also possible to adopt children born through surrogacy arrangements. However, homosexual couples may face difficulty adopting such children given Singapore’s public policy against the formation of same-sex family units.
Adoption of a stepchild
The process for the adoption of a stepchild differs depending on the citizenship of the stepchild. Generally:
- If the stepchild is a Singapore Citizen or Permanent Resident, the procedures for adopting a local child apply.
- If the stepchild is of foreign citizenship, then the procedures for adopting a foreign child apply.
It should be noted that additional procedures will apply if your stepchild is from the People’s Republic of China.
Requirements for Adopting a Child
Eligibility of applicant
To adopt a child, you must be:
- 25 or above;
- At least 21 years older than the child;
- However, if you are under 25, or not more than 21 years older than the child, the adoption may still be granted if the two of you are blood related, or exceptional circumstances exist;
- If you are applying to adopt as a sole individual, and you are a male, the Court will not allow the adoption of a female child, except when special circumstances exist;
- Not more than 50 years older than the child.
In Singapore, homosexual couples will not be able to jointly apply to adopt a child. This is because the ACA only allows joint applications from married spouses, and same-sex partners are currently unable to marry in Singapore. One partner will have to make the adoption application as a sole individual instead.
Other requirements
Other requirements for adoption under the ACA include:
- Welfare of child: The court must be satisfied that the adoption order is made for the welfare of the child before it makes an adoption order. The wishes of the child can be taken into consideration as well, depending on the age of the child and his or her level of understanding.
- Exchange of money: Unless allowed to by the court, the applicant must not receive, or have agreed to receive, any payment or other reward for adopting the child. The birth parents of the child cannot give, or agree to give, any payment or reward for adopting the child either.
- Consent: Before an adoption order can be made, consent must be given by every person whose consent is necessary (see below).
Whose Consent Must be Obtained for the Adoption?
Before adopting a child, you will need to obtain consent to the adoption from:
- Your married spouse, if any;
- The parents of the child (or the parents/guardians of such parents, if the child’s parents are below 21);
- The guardian of the child, if any;
- Person who have custody of the child;
- Persons liable to support the child.
However, in special circumstances, such as if the parents of the child have deserted the child, or if your spouse is in a coma and is unable to give consent, the Court can exercise its discretion to waive this requirement.
Under the ACA, it is also important that every person whose consent is necessary understands the nature and effect of the adoption order. This is especially applicable to the child’s birth parents, as they need to understand that the adoption order will permanently deprive them of their parental rights.
Possible Outcomes of the Adoption Application
Based on your application and the court’s discretion, your application to adopt a child may result in one of the following outcomes:
- Unconditional adoption order. The most ideal outcome is a successful adoption application without any conditions set out by the court. The court will cease the relationship between the child and their birth parent(s), and you will be legally acknowledged as the parent of that child.
- Conditional adoption order. The court may impose terms and conditions on an adoption order as it thinks fit. These terms and conditions vary on a case-by-case basis.
- Interim order. The court can postpone the making of an adoption order and instead make an interim order, which gives the custody of the child to the applicant for a period of a maximum duration of 2 years. This 2-year time frame acts as a probationary period for the applicant, and the court can impose terms on how the applicant is to provide for the child’s maintenance and education, or how the applicant is to supervise the child’s welfare, as it deems fit.
- Proceedings adjourned. The court may choose to temporarily put the case on hold to obtain further information on the adoption application.
- No adoption order granted. While the court has the power to grant adoption orders, it can refuse to make such orders as well. The court usually rejects adoption applications in cases where there was a failure to meet all the stipulated criteria.
Adoption Singapore: Top 5 Agencies to Guide You Through the Process
Navigating adoption proves to be a tricky business. In Singapore, the low birth rate locally, the infrequent relinquishment of local babies for adoption (usually, unwanted pregnancies result in abortion), and a decline in available babies from neighboring countries resulted in a total of only 358 adoptions in 2013.
Some couples are hesitant about dealing with adoption agencies (local and foreign, which can charge fees as high as $35,000), and prefer to deal directly with the birth parents. Adoption agencies are usually for-profit entities – a Google search using the terms “singapore adoption agencies” will produce a number of search results leading to the homepages of said agencies.
However, there are two agencies – Touch Adoption Services and Apkim Centre for Social Services, accredited with the Ministry of Social and Family Development, which are voluntary welfare organisations.
Nevertheless, couples may feel that they do not want to engage the services of an agency for various reasons. Looking to online forums, couples sometimes contact and strike up deals with the birth parents that may not be wholly legal.
Singapore Adoption Agency
The Singapore Adoption Agency is renowned for overseeing adoptions from Malaysia and Vietnam. They provide a nurturing family and environment for the children to grow and develop. Depending on the preferences of both parents, they can choose options like open or closed adoption.
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Services: International Adoption
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Location: Block 28 Jalan Klinik #08-65, Singapore 160028
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Contact: +65 9068 0573
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Joyful Adoption
Source: Joyful Adoption
Prospective adoptive parents can choose from adoption packages provided by Joyful Adoption. Additionally, these children, ranging in age from 2 weeks to 2 years, are healthy, adorable, and available for adoption from several nearby countries. This can help you build a more loving, joyful, and complete family life.
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Services: Assists adoptive parents with full packages including documentation, medical expenses, and legal fees
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Location: 1 Ubi View, #04-02 Focus One Singapore 408555
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Contact: +65 9621 3553
Kid and Tot Adoption Agency
Source: Kit and Tot Adoption Agency
A reputable adoption agency in Singapore, Kid and Tot Adoption Agency offers adoption services to individuals, couples, or foreigners looking to adopt a child. They provide comprehensive adoption services, including planning, counselling, and the adoption process. The agency also excels in providing adoption planning and counselling to birth parents who wish to place their children for adoption.
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Services: Provide professional full service for singles, couples, expatriates, and foreigners who wish to adopt a baby
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Location: 114 Bukit Batok West Ave 6, #09-190, Singapore 650114
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Contact: +65 9199 9949
LAM & CO
Once you’ve chosen the perfect child to adopt, you want to complete the procedures. They can help you make the application process as simple and painless as possible. During the initial meeting, they can assist you in signing up for the Pre-Adoption Briefing, which is necessary. They also start putting together documents right away to speed up the adoption process.
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Services: Ensure everything goes smoothly and hassle-free
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Location: 24 Raffles Pl, #28-00 Clifford Centre, Singapore 048621
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Contact: +65 6535 1800
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Email: lamnco@lamnco.com
TOUCH Adoption
Source: TOUCH Adoption
At TOUCH Adoption, we consider every child a precious gift deserving of a permanent and loving home. TOUCH Adoption provides a holistic range of services, including child placement, home study, workshops, counselling, support groups, and resources to prospective adopters, adoptive parents, adoptees, as well as birth parents.
TOUCH Adoption achieved the distinction of being the first agency in Singapore to receive accreditation for conducting home studies for inter-country adoption. It is also one of the two accredited agencies facilitating the adoption of children in China.
In 2003, it received a social enterprise award for its vision to run a one-stop adoption service centre.
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Services: Adoption facilitation, Home Study Reports, Adoption Counselling, and Workshops
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Location: Blk 149 Toa Payoh Lorong 1, #01-943 Singapore 310149
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Contact: +65 6709 8425
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Email: adoption@touch.org.sg
Adoption Fee Issues
Here are some adoption fee-related issues that may not be widely known to the public:
- Section 11 of the ACA prohibits payments to the birth parents in return for giving up the child for adoption.
- However, the usual practice is for the adoptive parents to reimburse the birth parents for prenatal and post-natal expenses, which can include the hospital and medication bills. The court must approve of any payments or rewards made to the birth parents before the adoption is legalised – see section 5(c) of the ACA.
- Adoption scams exist. In one case, two victims paid the scammer a sum of money in consideration for the adoption of the same child, but the scammer kept both the money and the baby. In response to those incidents, lawyers have opined that under such circumstances the victims should make a police report, and may even sue to retrieve their money.
This article was re-published with permission from SingaporeLegalAdvice. The information provided above does not constitute legal advice. You should obtain specific legal advice from a lawyer before taking any legal action. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.
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