§ 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 child.

(2) An adoption agency, a relevant person of a child for whom an adoptive parent is being sought, any employee or contractor of an adoption agency, or any person assisting a relevant person to care for the child, must not transfer the physical custody of the child to a potential adopter who does not meet the requirements in subsection (3), for the purpose of enabling the potential adopter to —(a)

reside with the child; or

(b)

spend any amount of time with the child for the purpose of considering whether to adopt the child.

(3) For the purposes of subsections (1) and (2), the requirements are as follows:(a)

in a case where the child is a citizen or permanent resident of Singapore — the potential adopter holds a valid and favourable ASA described in section 14;

(b)

in any other case —(i)

the potential adopter holds a valid and favourable ASA described in section 14; and

(ii)

either —(A)

the child is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or

(B)

an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (A) has been granted by the Controller of Immigration in respect of the child.

(4) Subsections (1) and (2) do not apply —(a)

where the potential adopter or the spouse of the potential adopter and the child are within the prohibited degrees of consanguinity;

(b)

where the child is a stepson or stepdaughter of the potential adopter;

(c)

where the potential adopter is a care‑giver to whom the child is committed under a voluntary care agreement under the Children and Young Persons Act 1993 or any order under section 54(1)(b) or 56(2)(a), or section 56(2)(a) as applied by section 57, of that Act;

(d)

in any other circumstances as may be prescribed by the regulations; or

(e)

in any particular case permitted by the Guardian‑in‑Adoption.

(5) Any person who contravenes subsection (1) or (2) 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.

(6) Where a potential adopter is residing with a child for whom an adoptive parent is being sought, the requirements in subsection (3) are not met and the exceptions in subsection (4) do not apply, the court may, upon the application of the Guardian‑in‑Adoption, order the potential adopter to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court.

(7) To avoid doubt, the court may make an order in relation to a child under subsection (6) regardless of whether any person has been convicted of any offence under subsection (5) in relation to the child.

(8) For the purposes of enforcing an order under subsection (6), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection.

(9) Where an order under subsection (6) is made, the court may also make any additional order as the court deems fit to facilitate the change in the physical custody of the child.

(10) Any person who, without reasonable excuse, fails to comply with an order under subsection (6) 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.

(11) In this section and section 58 —“care-giver”, in relation to a child for whom an adoptive parent is being sought, has the meaning in relation to a child or young person given by section 2(1) of the Children and Young Persons Act 1993;

“potential adopter” means any individual who desires to adopt a child and has —(a)

attended a pre‑adoption briefing described in section 12;

(b)

made an application to an authorised adoption agency for an ASA;

(c)

communicated to an adoption agency that the individual desires to adopt a child;

(d)

communicated to a relevant person of a child that the individual desires to adopt the child;

(e)

made an application for a dependant’s pass to be issued by the Controller of Immigration for the purposes of adoption; or

(f)

made an adoption application.

—(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 child.

(2) An adoption agency, a relevant person of a child for whom an adoptive parent is being sought, any employee or contractor of an adoption agency, or any person assisting a relevant person to care for the child, must not transfer the physical custody of the child to a potential adopter who does not meet the requirements in subsection (3), for the purpose of enabling the potential adopter to —(a)

reside with the child; or

(b)

spend any amount of time with the child for the purpose of considering whether to adopt the child.

(3) For the purposes of subsections (1) and (2), the requirements are as follows:(a)

in a case where the child is a citizen or permanent resident of Singapore — the potential adopter holds a valid and favourable ASA described in section 14;

(b)

in any other case —(i)

the potential adopter holds a valid and favourable ASA described in section 14; and

(ii)

either —(A)

the child is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or

(B)

an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (A) has been granted by the Controller of Immigration in respect of the child.

(4) Subsections (1) and (2) do not apply —(a)

where the potential adopter or the spouse of the potential adopter and the child are within the prohibited degrees of consanguinity;

(b)

where the child is a stepson or stepdaughter of the potential adopter;

(c)

where the potential adopter is a care‑giver to whom the child is committed under a voluntary care agreement under the Children and Young Persons Act 1993 or any order under section 54(1)(b) or 56(2)(a), or section 56(2)(a) as applied by section 57, of that Act;

(d)

in any other circumstances as may be prescribed by the regulations; or

(e)

in any particular case permitted by the Guardian‑in‑Adoption.

(5) Any person who contravenes subsection (1) or (2) 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.

(6) Where a potential adopter is residing with a child for whom an adoptive parent is being sought, the requirements in subsection (3) are not met and the exceptions in subsection (4) do not apply, the court may, upon the application of the Guardian‑in‑Adoption, order the potential adopter to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court.

(7) To avoid doubt, the court may make an order in relation to a child under subsection (6) regardless of whether any person has been convicted of any offence under subsection (5) in relation to the child.

(8) For the purposes of enforcing an order under subsection (6), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection.

(9) Where an order under subsection (6) is made, the court may also make any additional order as the court deems fit to facilitate the change in the physical custody of the child.

(10) Any person who, without reasonable excuse, fails to comply with an order under subsection (6) 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.

(11) In this section and section 58 —“care-giver”, in relation to a child for whom an adoptive parent is being sought, has the meaning in relation to a child or young person given by section 2(1) of the Children and Young Persons Act 1993;

“potential adopter” means any individual who desires to adopt a child and has —(a)

attended a pre‑adoption briefing described in section 12;

(b)

made an application to an authorised adoption agency for an ASA;

(c)

communicated to an adoption agency that the individual desires to adopt a child;

(d)

communicated to a relevant person of a child that the individual desires to adopt the child;

(e)

made an application for a dependant’s pass to be issued by the Controller of Immigration for the purposes of adoption; or

(f)

made an adoption application.