Are you considering adopting a child in Singapore? Expanding your family through adoption is both exciting and life-altering, but it’s also a significant decision that shouldn’t be taken lightly. In Singapore, child adoption is a legal process carefully governed by the Adoption of Children Act (ACA). This process ensures the welfare of the child and establishes a new legal parent-child relationship. Here’s what you need to know about adopting a child in Singapore.
Understanding the Child Adoption Legal Process
Child adoption is a legal procedure guided by the Adoption of Children Act (ACA). It involves severing the legal ties between a child and their biological parents and creating a new parent-child relationship with the adoptive parents. This entire process is executed through a court order, which carries the same responsibilities as those of biological parents.
These responsibilities, to name a few are:
- ensuring the needs of the child are financially met and that necessary maintenance are provided,
- to care for the child and provide them with a loving and nurturing home to live in,
- for the child to receive proper education,
- being responsible to make important decisions for the child such as education and religious beliefs,
- be an active role model to positively encourage good values and being there for them emotionally.
We’ve all made bold decisions before but nothing nearly shows it as much as adopting a child. Don’t get me wrong though, adoption is a wonderful moment that will change both you and a lucky little child’s life.
However, it also means that you’ll have to take on all the challenges and responsibilities that comes with becoming a parent. Before that though, you might want to have a look at their basic requirements to be eligible to adopt a child.
Eligibility Requirements to Adopt a Child
Certain eligibility criteria must be met by both the applicant(s) and the child in order to successfully adopt in Singapore:
Singapore citizens, permanent residents, and certain other types of residents recognized by Singapore courts can adopt a Singaporean child. Non-Singapore citizens must submit a Letter of Support from their home country. Additionally, non-Singapore citizens need to apply for a Letter of Approval to begin their Home Study Assessment for adopting a child in Singapore.
The minimum age requirement for adopting parents is 25, with a minimum age gap of 21 years between the parents and the child. However, the court may make exceptions in cases where the child is biologically related to the adopting couple:
- adopting parent/parents’ age is less than 25 years; or
- the age gap is below 21 years.
The adopting couple is limited to a maximum age gap of 50 years with the child.
The child you wish to adopt should be under 21 years of age and must not have been married.
A single male can adopt a female child only if special circumstances justify it, such as being the biological father. If you want to adopt alone while being married, you’ll need your spouse’s consent, as Singapore laws currently don’t allow a single spouse to adopt a child.
Applicants interested in adoption must fulfil pre-adoption requirements, including attending briefings and undergoing an Adoption Suitability Assessment (ASA). The ASA assesses factors such as financial stability and ability to interact with the child. Providing false information to authorities can lead to penalties.
In summary, the age requirements have been put in place because there’s no need to adopt someone who is already an adult and second, it’s to ensure that there is a there’s enough of an age gap for a healthy parent and child relationship.
It’s also to make sure that the parent has the physical and financial means of looking after the child.
If you still wish to adopt a child while not meeting the age requirements, it doesn’t totally mean you can’t adopt a child. Special situations such as adopting a child within blood relatives may still be allowed.
This, of course comes with reasoning to Court that it’s with the best interest of the child.
As the guardian of your adopted child, it is your responsibility to ensure their well-being and education until they become independent. This requires having the necessary financial and physical resources to provide for your child’s needs.
Certain circumstances may affect your eligibility to adopt. These include:
- Unmarried males cannot adopt a female child, except when a blood relationship is proven.
- Joint applications for adoption must be submitted by spouses; two single individuals cannot adopt the same child.
- Homosexual couples are not allowed to adopt children in Singapore due to the absence of legalised same-sex marriage.
Before proceeding, honest discussions and thorough research with your partner are essential to ensure adoption is the right choice for your family.
Other Factors to Consider When Applying
The court evaluates whether adoption is in the child’s best interest and if the applicant is capable of providing holistic care based on the child’s age, maturity, and understanding.
Meeting the child’s daily necessities, including food, clothing, and education, is a basic requirement. The inability to provide financial support may hinder your adoption application.
In addition to being financially stable, providing a loving and nurturing environment for the child is equally vital. The court looks for an environment where the child can thrive.
Consent from the child’s biological parents, guardians, or custodians is crucial. They must understand that giving consent relinquishes their rights over the child to the adoptive parents. In cases where consent is not given, the court may omit it if it’s in the child’s best interest.
Length of the Adoption Process
The duration of the adoption process varies depending on several factors, including the child’s citizenship status. On average, it takes about five to seven months to finalise an adoption in Singapore. The process generally includes:
- Compulsory pre-adoption briefing to understand the adoption process and responsibilities.
- Sourcing for a potential child either through adoption agencies or the Ministry of Social and Family Development (MSF).
- Obtaining necessary identification documents for the child.
- Submission of an application to the family court, followed by interviews with a Child Welfare Officer.
- The judge will then authorise or reject the application based on the findings from the Child Welfare Officer.
- If authorised, inform the Immigration and Checkpoint Authority to prepare a new birth certificate for the child.
- Optional execution of a deed poll to change the child's name.
For foreign children, additional steps, such as obtaining a Home Study Report and a Dependent Pass, may apply. The average cost for a Home Study Report is approximately $1500 and will take around a year. Obtaining a Dependent Pass will also incur a security deposit of $1000 to $2000.
If application is successful, the Court will similarly inform the Immigration and Checkpoint Authority to prepare a new birth certificate where you can subsequently apply for a citizenship for the child.
Possible Outcomes of Adoption
The judge may issue one of five general outcomes based on the merit of the adoption application:
- No Adoption Order Granted: This occurs when requirements or criteria are not met. However, you can reapply if you can convince the court of significant changes to your application.
- Adjourning Proceedings: This outcome indicates that the court is willing to reconsider the application after specific requirements are met, rather than an outright rejection.
- Interim Order: The court grants custody of the child for a maximum of two years, serving as a probationary period to monitor the quality of upbringing before authorising full adoption. Interim orders are rare.
- Conditional Order: The court may grant an adoption order subject to specific conditions, providing flexibility in shaping the directive according to the case’s circumstances.
- Unconditional Order: This is the most common and desirable outcome. It establishes a permanent parent-child relationship and cuts off legal ties with the birth parents.
Once an adoption order has been processed and granted, the court will not authorise you to “undo” an adoption.
For example, after having gaining the legal rights over the child, you discover that it becomes inconvenient and decide that raising the child would become difficult, you cannot apply for a rescission of an order.
Adoption is not meant to be treated lightly and thus, you should carefully consider the responsibilities and potential challenges before going ahead with the application.
It is common to be reluctant and perceive adoption as rather daunting given the number of requirements and the lengthy adoption process. However, adoption law in Singapore has been crafted in a way to prioritise the child’s welfare.
The focus is to ensure that the child grows up in a loving and healthy environment.
Therefore, the stipulations and conditions imposed serve to act as a safeguard for the adoptive child. When viewed in context, we hope that you realise that the gift of parenthood is worth a little effort and patience.
Conclusion
Adoption is a lifelong commitment that carries responsibilities and challenges. It should be approached with careful consideration. While the adoption process may seem daunting, it is designed to prioritise the child’s welfare and ensure they grow up in a loving and healthy environment. Parenthood is a precious gift, and the effort and patience required for adoption are well worth it.
In conclusion, every child deserves the opportunity to grow up in a nurturing environment. If you are considering adoption in Singapore, consult experienced lawyers who can guide you through the process and help you provide a loving home for a child. Feel free to reach out to us for more information or questions about adopting a child in Singapore.
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