Adoption of Children Act 2022

Sections (85)

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• § 1 — Short title and commencement

  1. This Act is the Adoption of Children Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

• § 10 — Authorised adoption agencies

  10.—(1) The Minister may, with the agreement of an adoption agency or a fostering agency and subject to any terms that the Minister may specify, authorise the adoption agency or fostering agency as an authorised adoption agency for the purposes of this Act.(2) The authorised adoption agency must com

• § 11 — Pre-adoption application requirements

  11. An adoption application may be made by an individual (whether jointly with his or her spouse or solely) only if he or she —(a) has attended a pre-adoption briefing described in section 12 within the last 3 years; (b) has attended a disclosure of adoptive status briefing described in section 13

• § 12 — Pre-adoption briefing

  12. A pre-adoption briefing is a briefing conducted by an authorised adoption agency which informs the attendees —(a) about the process of adoption in Singapore and the eligibility criteria for an adoption order; (b) that the rights, duties, obligations and liabilities of the parent or parents or g

• § 13 — Briefing on disclosure of adoptive status

  13. A disclosure of adoptive status briefing is a briefing conducted by an authorised adoption agency to —(a) convey to any individual who desires to adopt a child the benefits of disclosing to his or her adopted child the child’s adoptive status; (b) equip the individual with the knowledge and ski

• § 14 — Requirement for favourable ASA

  14.—(1) A favourable ASA is —(a) in the case of a joint adoption application — an ASA issued by an authorised adoption agency to the applicants jointly and containing an assessment by the agency that the applicants are suitable to adopt a child, whether unequivocally or subject to the resolution of

• § 15 — Variation or revocation of ASA

  15.—(1) An authorised adoption agency that issued an ASA may, upon an application by the applicants or applicant (as the case may be) issued with the ASA, or on its own motion, vary or revoke the ASA if —(a) no adoption application has been made on the basis of the ASA; and (b) any of the condition

• § 16 — Application under section 15 by surviving applicant

  16. Where an ASA was issued to joint applicants of whom one subsequently dies —(a) an application for a variation or revocation of the ASA under section 15(1) may be made by the surviving applicant; and (b) the power to vary an ASA under section 15(1) or (2)(a) or to direct the variation of an ASA

• § 17 — Appeal to Guardian-in-Adoption

  17.—(1) Where the applicants or applicant to whom an ASA is issued are or is aggrieved by —(a) the assessment of an authorised adoption agency in the ASA; (b) the variation or revocation of the ASA under section 15(1); or (c) the refusal of the authorised adoption agency that issued the ASA to var

• § 18 — Appeal under section 17 by surviving applicant

  18. Where an ASA was issued to joint applicants of whom one subsequently dies —(a) an appeal under section 17 may be made by the surviving applicant; and (b) the power under section 17(6)(b) to vary an ASA includes the power to vary an ASA from one issued jointly to the applicants to one issued sol

• § 19 — Powers to direct and request assessments, etc., for purposes of ASA

  19.—(1) The powers set out in subsection (2) may be exercised by the following persons for the corresponding purposes:(a) an authorised adoption agency — for the purpose of preparing an ASA or deciding whether to vary or revoke an ASA; (b) the Guardian-in-Adoption — for the purpose of deciding whet

• § 2 — General interpretation

  2.—(1) In this Act, unless the context otherwise requires —“adopted child” means an individual (whether below 21 years of age or otherwise) in respect of whom an adoption order has been made; “adoption application” means an application made under this Act for an adoption order; “adoption order” me

• § 20 — Validity period of ASA

  20.—(1) Subject to this section, an ASA is valid for a period of 2 years starting on the date that it is issued.(2) Where the validity of an ASA is extended under section 15(5) or 17(6)(c), the ASA is valid till the end of the period by which it is so extended. (3) Despite anything in this Division

• § 21 — Regulations relating to ASA

  21. Regulations made under section 75 may provide for all or any of the following matters relating to an ASA:(a) the form and manner of an application for an ASA; (b) the information and documents to accompany an application for an ASA; (c) the form of an ASA and the information that must be inclu

• § 22 — Duty to notify material changes in circumstances

  22.—(1) During the relevant period, the joint applicants (or either of them) or sole applicant for an ASA must, as soon as practicable after becoming aware of a material change in circumstances that has taken place during the relevant period, notify the material change to the authorised adoption age

• § 23 — Power to make adoption orders

  23.—(1) Upon an adoption application in respect of a child, the court may, subject to the provisions of this Act, make an order for the adoption of that child by the applicants jointly or the applicant solely, as the case may be.(2) An adoption order may be made for the adoption of a child by the fa

• § 24 — Form and contents of adoption application

  24. An adoption application —(a) must be in the form prescribed by the Family Justice Rules; (b) must be supported by an affidavit which verifies such statements, and to which is exhibited such documents, as may be prescribed by the Family Justice Rules; and (c) must seek any one or more reliefs a

• § 25 — Service of adoption application

  25.—(1) The court must not make an adoption order on any adoption application unless a copy each of the adoption application and the affidavit filed in support of the application are served on every relevant person of the child before the court no later than the time prescribed by the Family Justice

• § 26 — Consent of relevant persons

  26.—(1) The court must not make an adoption order in respect of any child unless the consent of every relevant person for the adoption of the child has either been validly obtained or dispensed with by the court.(2) For the purposes of subsection (1), the consent of a relevant person for the adoptio

• § 27 — Duty of Guardian-in-Adoption to file affidavit

  27.—(1) Upon the making of an adoption application in respect of a child and before the further hearing of the adoption application, the Guardian‑in‑Adoption must make an affidavit setting out the result of any investigation made as to —(a) the circumstances of the child, every relevant person of th

• § 28 — Significance of Guardian-in-Adoption’s affidavit

  28. The court must give due consideration to the Guardian‑in‑Adoption’s affidavit in relation to an adoption application when deciding what order or orders is or are to be made on or in connection with the adoption application.

• § 29 — Powers of Guardian-in-Adoption, etc., to direct and request persons to undergo assessments, etc.

  29.—(1) The Guardian-in-Adoption may, for the purpose of discharging his or her duty under section 27(1) in relation to an adoption application, do any one or more of the following:(a) direct the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of th

• § 3 — Meaning of “adoption agency”

  3.—(1) For the purposes of this Act, an adoption agency is any person that carries on the business (whether for profit or not) of making arrangements for or on behalf of any other person for the adoption in Singapore by that other person of a child, but does not include a fostering agency or any oth

• § 30 — Duty of applicants to notify Guardian-in-Adoption of material changes in circumstances

  30.—(1) Where —(a) joint applicants or a sole applicant have or has filed an adoption application supported by an HSR or intend or intends to file an adoption application supported by an HSR; and (b) before the date of commencement of this section, the joint applicants (or either of them) or sole a

• § 31 — Power to make interim orders

  31.—(1) Subject to subsection (3), in any adoption proceedings before a court, the court may make an interim order giving the custody and care and control of the child before the court to the joint applicants or sole applicant (as the case may be) for a period not exceeding 2 years.(2) An interim or

• § 32 — Power to require provision, and to empower making of decisions, for child

  32.—(1) The court may, for the purpose of ensuring the welfare of the child before the court during the adoption proceedings —(a) require the joint applicants or sole applicant (as the case may be) of the adoption application to make provision by bond or otherwise for the child that in the opinion o

• § 33 — Power to draw adverse inferences, etc., for failure to notify, etc.

  33.—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, draw any adverse inference against the joint applicants or sole applicant (as the case may be) of an adoption application or any relevant person of the child before the court, or make any other order as the c

• § 34 — Power to order assessments and submission of further information and documents

  34.—(1) The court may, on the application of the Guardian‑in‑Adoption or on its own motion, for any of the purposes specified in subsection (2) —(a) order any person who, in the opinion of the court, is able to provide any information or documents that the court may specify, to provide the informati

• § 35 — Power to order mediation, counselling, etc.

  35.—(1) At any time during any adoption proceedings, the court may, on the application of the Guardian‑in‑Adoption or on its own motion, make an order requiring the joint applicants (or either of them) or sole applicant (as the case may be), any relevant person of the child before the court, or the

• § 36 — Interpretation of this Division

  36. In this Division —“emotional harm”, in relation to a child, means any serious impairment to the growth, development, or behavioural, cognitive or affective functioning of the child, and includes —(a) delayed mental and physical development of the child; (b) a child assessed by the Director‑Gene

• § 37 — Grounds for dispensation of consent of relevant persons

  37.—(1) The court may, on any of the following grounds, dispense with the consent required under section 26 of any relevant person of a child before the court:(a) the child is the subject of an order under section 56(2)(a) of the Children and Young Persons Act 1993, or under section 56(2)(a) of that

• § 38 — Meaning of “ill‑treatment”

  38. For the purposes of this Division, ill‑treatment of a child occurs when a person (whether the relevant person of the child or otherwise) —(a) subjects the child to physical or sexual abuse; (b) wilfully or unreasonably does, or causes the child to do, any act which endangers or is likely to end

• § 39 — When does relevant person knowingly permit another person to cause grievous hurt to or ill-treat child

  39. For the purposes of section 37(1)(c) and (d) —(a) a relevant person knowingly permits another person (A) to cause grievous hurt to a child or to ill‑treat a child if the relevant person —(i) knows or has reason to believe that the child was at risk of being caused grievous hurt or being ill‑trea

• § 4 — Eligibility to make adoption application

  4.—(1) Subject to section 5, an adoption application may only be made by —(a) 2 individuals married to each other —(i) in Singapore under the Administration of Muslim Law Act 1966 or the Women’s Charter 1961; or (ii) outside Singapore under the law of another country or territory, in circumstances

• § 40 — When is child in need of care or protection

  40. For the purposes of section 37(1)(e), a child is in need of care or protection if —(a) the relevant person —(i) is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child; or (ii) is unfit or unable or has neglected to ex

• § 41 — Circumstances of emotional or psychological abuse

  41.—(1) Without limiting section 40(e), the circumstances in which a child may be regarded as being subject to emotional or psychological abuse by the relevant person under that provision include any of the following:(a) the relevant person subjects the child to persistent acts of rejection or degra

• § 42 — Matters with respect to which court to be satisfied before making adoption order

  42.—(1) The court must not make an adoption order unless the court is satisfied that —(a) every relevant person whose consent is required under section 26 and whose consent is not dispensed with has freely consented to and understands the nature and effect of the adoption order and, in particular, e

• § 43 — Power to order removal and placement of child upon unsuccessful adoption application

  43.—(1) This section applies where an adoption application is unsuccessful.(2) The court may, upon an application of the Guardian‑in‑Adoption or on its own motion, order the person having physical custody of the child who is the subject of an unsuccessful adoption application to deliver the child to

• § 44 — Matters relating to registration or re-registration of births of adopted children

  44.—(1) If an adoption order (including an adoption order under the repealed Act) is made, the registrar of the court that makes the adoption order must, as soon as practicable, provide to the Registrar‑General of Births and Deaths (called in this Part the Registrar‑General) a copy of the adoption o

• § 45 — Power to order persons to undergo mediation, counselling, etc., post adoption proceedings

  45.—(1) This section applies after adoption proceedings arising from an adoption application (including an adoption application under the repealed Act) are concluded.(2) The court may, upon the application of the Guardian‑in‑Adoption, make an order requiring the joint applicants (or either of them)

• § 46 — Effect of adoption order on status of adopted child vis‑à‑vis adoptive parents and on citizenship

  46.—(1) Upon an adoption order being made —(a) all rights, duties, obligations and liabilities of the parent or parents or guardian or guardians of the adopted child, in relation to the future custody, care and control, maintenance and education of the adopted child, including all rights to appoint

• § 47 — Effect of adoption order on property of adoptive parents and adopted child

  47.—(1) Where, at any time after the making of an adoption order, an adoptive parent or the adopted child or any other person dies intestate in respect of any movable or immovable property, that property devolves in all respects as if the adopted child were the child of the adoptive parent born in a

• § 48 — Restriction on publication or broadcast of information or pictures of children involved in adoption proceedings

  48.—(1) Subject to subsections (2) and (3), a person must not publish or broadcast any information or picture that identifies, or is likely to lead to the identification of, any protected person as a child who was or is the subject of an adoption application —(a) whether or not an adoption order was

• § 49 — Order to remove publication or broadcast in contravention of section 48

  49.—(1) A court may, on the application of any of the persons mentioned in subsection (2), order a person to do any or more of the following:(a) remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 48(1); (b) remove the programme in which

• § 5 — Further provisions on eligibility to adopt a child

  5.—(1) Unless subsection (2) applies, the applicants or applicant are not or is not eligible to adopt a child in the following circumstances:(a) in the case of an adoption application by 2 applicants jointly —(i) either applicant is below 25 years of age; or (ii) either applicant is less than 21 ye

• § 50 — Extra-territorial application of this Part

  50.—(1) Unless otherwise provided, the provisions of this Part have effect, in relation to any person, whatever the person’s nationality or citizenship, outside as well as within Singapore.(2) Where an offence under this Part is committed by any person in any place outside Singapore, the person may

• § 51 — Restriction on publication or broadcast of information or pictures of children for adoption, etc.

  51.—(1) This section applies to the publication or broadcast of any information or picture that identifies a child, or is likely to lead to the identification of a child, where —(a) the child is in Singapore; (b) the intended audience or recipients of the information or picture is or are predominan

• § 52 — Order to remove publication or broadcast in contravention of section 51

  52.—(1) A court may, on the application of any person, order a person to do any or more of the following:(a) remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 51(2) or (4); (b) remove the programme in which the information or picture th

• § 53 — Restricted payments to be sanctioned by court

  53.—(1) This section applies to any payment or other reward in consideration of the adoption of a child or for any adoption‑related service, that before, on or after the date of commencement of this section was or is —(a) made or given directly or indirectly through one or more intermediaries, or ag

• § 54 — Publication of amounts to be paid to or through adoption agencies, etc.

  54.—(1) Every adoption agency must make publicly available a list of the following information on payments or other rewards to be made or given by any person to or through the adoption agency:(a) the amount of every payment in consideration of the adoption of a child or for an adoption‑related servi

• § 55 — Prohibition against payments and rewards for non-permitted purposes

  55.—(1) A person must not (directly or indirectly through one or more intermediaries) make, give, receive or agree to make, give or receive any payment or other reward in consideration of an adoption in Singapore of a child or for any adoption‑related service in connection with the adoption or propo

• § 56 — Use of fraud, duress, undue influence or other improper means to obtain consent to adoption, etc.

  56.—(1) A person must not, whether or not an adoption application in respect of a child has been made, do any thing fraudulently to induce, or use any duress, undue influence or other improper means with the knowledge that it will induce or is likely to induce, any of the following:(a) the agreement

• § 57 — Restriction on placement of child, etc.

  57.—(1) Unless the requirements in subsection (3) are met, a potential adopter must not —(a) reside with a child for whom an adoptive parent is being sought; or (b) spend any amount of time with a child for whom an adoptive parent is being sought for the purpose of considering whether to adopt the

• § 58 — Non-application of section 57 to transitional cases

  58. Without affecting section 57(4), nothing in section 57 applies where —(a) the potential adopter is residing with the child in question before the date of commencement of this section; (b) the potential adopter starts spending any amount of time with the child in question for the purpose of cons

• § 59 — Offence of providing false information, etc., in connection with ASA or Guardian-in-Adoption’s affidavit

  59.—(1) If —(a) a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to —(i) the Guardian-in-Adoption —(A) in connection with the discharge of the functions or duties, or the exercise of the powers, of the Guardian‑in‑Adoption under sec

• § 6 — Child eligible for adoption

  6.—(1) An adoption order may only be made in respect of a child who is resident in Singapore.(2) For the purpose of subsection (1), a child is deemed not to be resident in Singapore —(a) if the child is authorised or permitted to remain in Singapore by virtue of a visit pass, a student’s pass or a s

• § 60 — Duty to report offences to Guardian-in-Adoption

  60.—(1) Any of the following persons who knows or has reason to suspect that an offence under this Part (except this section) or section 43, 48 or 65 has been committed in connection with the adoption or proposed adoption of a child, must report to the Guardian‑in‑Adoption or an authorised officer a

• § 61 — Powers of entry, etc., for enforcement purpose

  61.—(1) The Guardian-in-Adoption or an authorised officer may exercise all or any of the powers in this section for the purpose of investigating any offence under this Act.(2) The Guardian-in-Adoption or an authorised officer may —(a) at any time of the day or night without notice, enter, inspect an

• § 62 — Equipment

  62. The Guardian-in-Adoption or an authorised officer may carry or have in his or her possession or under his or her control any truncheon, handcuffs or other similar means of restraint for the purposes of executing his or her duties, or exercising his or her powers, under this Part.

• § 63 — Disposal of documents or thing

  63.—(1) Any document or thing taken into possession or seized under this Part must —(a) where the document or thing is produced in any criminal trial, be dealt with in accordance with section 364 of the Criminal Procedure Code 2010; or (b) in any other case, be returned to the owner or reported to

• § 64 — Offence of obstruction

  64. A person who refuses to give access to, or obstructs, hinders or delays the Guardian-in-Adoption or an authorised officer in the discharge of his or her duties, or the exercise of his or her powers, under this Part shall be guilty of an offence and shall be liable on conviction —(a) to a fine no

• § 65 — Offence of providing false information, etc., in connection with this Part

  65.—(1) If —(a) a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to the Guardian-in-Adoption or an authorised officer in connection with the discharge of the duties, or the exercise of the powers, of the Guardian‑in‑Adoption or auth

• § 66 — Notice to attend court

  66.—(1) Where it appears to the Guardian‑in‑Adoption or any authorised officer that any person has committed an offence under this Act, the Guardian‑in‑Adoption or authorised officer may serve on the person a written notice, in such form as may be prescribed by the regulations, requiring the person

• § 67 — Offences by corporations, unincorporated associations or partnerships

  67.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation, an unincorporated association or a partnership in relation to a particular conduct, the following is evidence that the corporation, unincorporated association or partnership (as

• § 68 — Composition of offences

  68.—(1) The Guardian-in-Adoption or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a) one half of the amount of

• § 69 — Contempt of court orders under this Act

  69.—(1) Subject to subsection (2), sections 43(5) and 57(10) do not affect the powers of the court in relation to the punishment for a contempt of court.(2) Where a person is convicted of an offence under section 43(5) or 57(10) in respect of any non‑compliance with an order, that non‑compliance is

• § 7 — Meaning of “suitable to adopt”

  7. In considering whether joint or sole applicants are suitable to adopt a child, an authorised adoption agency, the Guardian‑in‑Adoption and the court determining the adoption application must assess the applicants’ suitability to adopt by reference (but not limited) to —(a) the factors prescribed

• § 70 — Service of documents

  70.—(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section.(2) A document may be served on an individual —(a) by giving it to the individual personally; (b) by sending it by prepaid registered post to the address specifi

• § 71 — Disclosure of information to and by Guardian-in-Adoption or authorised adoption agency, etc.

  71.—(1) Subsections (2) to (5) are subject to any express restriction imposed by or under any other written law.(2) The Guardian-in-Adoption may disclose to an authorised adoption agency any information received by the Guardian‑in‑Adoption under or for the purposes of this Act, where the disclosure

• § 72 — Protection of persons giving information to authorities

  72.—(1) Any person who knows or has reason to suspect that an offence under this Act has been committed may make a notification to the Guardian‑in‑Adoption or an authorised officer of the facts and circumstances on which the person’s knowledge or suspicion is based.(2) Any person who makes a notific

• § 73 — Protection from personal liability

  73.—(1) Subsection (2) applies where an act is done or an omission is made —(a) by the Guardian-in-Adoption, any authorised adoption agency, any authorised officer, or any person acting under the direction of the Guardian-in-Adoption or an authorised adoption agency —(i) in the exercise or purported

• § 74 — Family Justice Rules

  74.—(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules —(a) to regulate and prescribe the procedure and practice to be followed in respect of any application to a court under this Act; and (b) to provide for any matter

• § 75 — Power to make regulations

  75.—(1) The Minister may make regulations —(a) to prescribe anything that is required or permitted to be prescribed by this Act; or (b) generally for the purposes of this Act. (2) Without limiting subsection (1), regulations may —(a) prescribe the forms for the purposes of this Act; (b) prescribe

• § 76 — Repeal of Adoption of Children Act 1939

  76.—(1) The Adoption of Children Act 1939 is repealed.(2) To avoid doubt, the repeal of the Adoption of Children Act 1939 does not affect any order made or anything done under that Act. —(1) The Adoption of Children Act 1939 is repealed. (2) To avoid doubt, the repeal of the Adoption of Children Ac

• § 77 — Consequential amendment to Child Development Co‑Savings Act 2001

  77. Section 2(1) of the Child Development Co‑Savings Act 2001 is amended by deleting the words “Adoption of Children Act 1939” in the definition of “dependant’s pass” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.

• § 78 — Related amendment to Children and Young Persons Act 1993

  78. Section 112 of the Children and Young Persons Act 1993 is amended by inserting, immediately after subsection (1), the following subsection:“(1A) Subsection (1) does not apply in relation to any proceedings in court arising from an adoption application under the Adoption of Children Act 2022, inc

• § 79 — Consequential amendment to Civil Law Act 1909

  79. Section 20(10) of the Civil Law Act 1909 is amended by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.

• § 8 — Guardian-in-Adoption

  8.—(1) The Minister may appoint a public officer to be the Guardian‑in‑Adoption.(2) The Guardian-in-Adoption has the general duty of safeguarding the welfare of any child for whom an adoptive parent is being sought, including a child before the court. (3) The Guardian-in-Adoption is to exercise any

• § 80 — Consequential amendment to Family Justice Act 2014

  80. Section 2(1) of the Family Justice Act 2014 is amended by deleting the words “Adoption of Children Act 1939” in paragraph (b) of the definition of “family proceedings” and substituting the words “Adoption of Children Act 2022”.

• § 81 — Related and consequential amendment to Mental Capacity Act 2008

  81. Section 26 of the Mental Capacity Act 2008 is amended by deleting paragraph (d) and substituting the following paragraph:“(d) consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law;”.

• § 82 — Consequential amendments to Registration of Births and Deaths Act 2021

  82. Section 14(1) of the Registration of Births and Deaths Act 2021 is amended —(a) by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”; and (b) by deleting the words “section 12(1) of that Act” a

• § 83 — Related and consequential amendments to Women’s Charter 1961

  83. The Women’s Charter 1961 is amended —(a) by deleting the words “and has been or will be solemnised or made” in section 141(2) and substituting the words “, or has been or will be solemnised or made,”; and (b) by deleting the words “Adoption of Children Act 1939, or any enactment thereby repeale

• § 84 — Consequential amendment to Work Injury Compensation Act 2019

  84. Section 2 of the Work Injury Compensation Act 2019 is amended by deleting the definition of “adopted child” and substituting the following definition:“ “adopted child”, in relation to a claimant, means any child —(a) who is adopted by the claimant under the Adoption of Children Act 2022 or any c

• § 85 — Saving and transitional provisions

  85.—(1) Despite section 76 —(a) the repealed Act (except section 12) continues to apply in relation to an adoption application, interim order or adoption order, made under the repealed Act before the date of commencement of section 76; and (b) any right of appeal accruing before, on or after the da

• § 9 — Authorised officers

  9.—(1) The Guardian-in-Adoption may appoint any public officer with suitable qualifications or experience, or any individual belonging to such class of individuals (with suitable qualifications or experience) as may be prescribed by the regulations, as an authorised officer under this Act.(2) Any ap