Before you Adopt

Before you begin the adoption process, it will be prudent to understand what is adoption all about.

In Singapore, the Adoption of Children Act oversees the adoption of any young persons under the age of 21. Through this legal process, the biological parents give up all their rights over the child and the adoptive parents acquire all rights, duties and liabilities in relation to the child.

This means that the adoptive parent is now the legal parent to the child and is able to make decisions for the child. The biological parent cannot interfere with any of your decisions as an adoptive parent.

To adopt, there are a few eligibility criteria to meet:

1. You and the child must both be a resident of Singapore.
2. You must be 25 years old and above.
3. You must be at least 21 years older than the child.

However, you may be allowed to adopt the child even if you are less than 21 years older than the child and under 25, if you are related by blood to the child or if there are exceptional circumstances.

A male unmarried applicant is also prohibited from adopting a female child unless there are exceptional circumstances justifying it.

Furthermore, you will also need to obtain various consents from the following person(s):

1. Your spouse, if applicable;
2. The biological parent or legal guardian of the child, or;

In special circumstances, the Court may dispense with the consent. These circumstances may include the parent abandoning or being unfit to continue caring for the child.

For more information, please contact our lawyers for a more detailed discussion.

It is important to note that it is unlawful for either the adoptive parents or the parent/guardian of the child to make or receive payment or similar reward in consideration of adopting a child under the Act unless it has been sanctioned by the Court.

ADOPTION

The Adoption of Children Act (Cap. 4, 2012 Rev. Ed.) governs the adoption of infants in Singapore.

This is a legal process where parental rights over a child are conferred to the applicants, whom one or both are not the natural parents of the child.

• The Court will appoint a Guardian in Adoption (GIA) for the child, whose role is to safeguard the child’s legal interest before the Court.
• The GIA will investigate the circumstances of the adoption and report to the Court.
• The Court would only grant an adoption order after it is satisfied that the requirements of the Adoption of Children Act (Cap 4) have been complied with and that it is in the best interests of the child to be adopted.

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Effect of consenting child to be adopted

One of the requirements before an adoption order can be made is that the consent of the natural parent is given in the prescribed form. By signing the prescribed form, you would be stating under oath that you understand the nature and effect of an adoption order; in particular, you will be deprived of your parental rights to the child.

All your rights, duties, obligations and liabilities to the child are extinguished. Once the adoption order is made, the parental ties between you and the child are severed and you will not be able to see your child.

Duties/responsibilities of person adopting

Once the adoption order is made, you take on all parental rights, duties, obligations and liabilities in relation to the child: e.g. you will have to maintain the child and look after his physical, mental and social well-being.

"You will have the right to make decisions in relation to the child: e.g. education, religion and medical treatment."

CRITERIA FOR ADOPTION (SUMMARY)

Residency Status
You and your spouse must be residents in Singapore to adopt, i.e. Singapore Citizens or Permanent Residents, or holders of Employment Pass, Dependant’s Pass or any other Pass which the Family Court deems as residents in Singapore.

Age
You and your spouse must be at least 25 years old and at least 21 years older than the child to be adopted.

If you or your spouse is under 25 years old and/or less than 21 years older than the child, the adoption may be allowed if you or your spouse and the child are related by blood, or if there are other special circumstances justifying the adoption. This is in accordance with Section 4(2) a(i)(ii) of the ACA.

Maximum age gap between adopter and child
Both you and your spouse should not be more than 50 years older than the child. As an adoptive parent, you are responsible for providing education and protecting the welfare of your adopted child until he or she is independent. You must ensure that you have the physical and financial means to see the child through this journey.

Marital status
If you are a single male, you are not allowed to adopt a girl, unless there are special circumstances to justify the adoption. This is in accordance with Section 4(3) of the ACA.

If you are married and intend to adopt alone, you must obtain the consent of your spouse. This is in accordance with Section 4(5) of the ACA.

Home Study Report
If you wish to adopt a foreign child, a child from MSF or Project Cherub, you are required to apply for a Home Study Report.

Pre-adoption Briefing
You and your spouse should attend a compulsory Pre-Adoption Briefing (PAB) before you apply for a home study or begin the legal proceedings on adoption. For more information, refer to Pre-Adoption Briefing.

Endorsement from your home country (for non-Singapore Citizens who would like to adopt a foreign child)

You must obtain endorsement from your home country through your embassy or High Commission. Your country must support and recognise the adoption.

You will need to submit a letter of support, duly completed and endorsed by the relevant authority of your country before commencing home study in Singapore.

Adoption of a second and subsequent child

Before you consider adopting another child, you are strongly encouraged to make sure that your first adopted child has adjusted and bonded well with your family and the environment. Introducing another new member to your family too soon can cause confusion and uncertainty for your child. You may also have to deal with sibling rivalry issues.

You will be required to do a second home study report on your current circumstances. The report assesses how ready you are to parent another child and will take into account the welfare of your first adopted child, parent-child bonding and your current family circumstances.

You may have to wait for at least nine months from the date you adopted your first child (as indicated in the Adoption Order) before you can register for the second report.