§ 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 of a relevant person of a child to offer or refrain from offering the child for adoption in Singapore;

(b)

the transfer of the physical custody of a child, or the custody or care and control of a child, with a view to the child’s adoption in Singapore;

(c)

the consent of a relevant person of a child required under section 26 or the revocation of the consent.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.

(3) Where any consent of a relevant person of a child is obtained in contravention of subsection (1)(c) (whether or not any person has been convicted of an offence under subsection (2) in relation to the consent), the court may make a declaration that the consent is void.

(4) Nothing in subsection (3) affects the validity of any adoption order or interim order that has been made before the court makes a declaration mentioned in that subsection.

—(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 of a relevant person of a child to offer or refrain from offering the child for adoption in Singapore;

(b)

the transfer of the physical custody of a child, or the custody or care and control of a child, with a view to the child’s adoption in Singapore;

(c)

the consent of a relevant person of a child required under section 26 or the revocation of the consent.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

(b)

in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.

(3) Where any consent of a relevant person of a child is obtained in contravention of subsection (1)(c) (whether or not any person has been convicted of an offence under subsection (2) in relation to the consent), the court may make a declaration that the consent is void.

(4) Nothing in subsection (3) affects the validity of any adoption order or interim order that has been made before the court makes a declaration mentioned in that subsection.