14 Steps On How To Legally Adopt A Child In Singapore

by 13 June 2021Family Law & Divorce, Knowledge & Insights

There are many circumstances under which married couples and singles may choose to adopt, including situations involving surrogacy or stepchildren. This article covers the basic legal process of adoption in Singapore.

Child adoption in Singapore is primarily regulated by the Adoption of Children Act (ACA). Once an adoption is complete, the child’s ties to their birth parents or prior guardians will be severed, and the adopters will become their new legal parents – taking on all rights, duties, obligations, and liabilities that entails.

What Are The Requirements For Adopting A Child?

Prospective adoptive parents must meet specific legal criteria established under the Adoption of Children Act 2022 (ACA 2022) to pursue adoption in Singapore.

These requirements ensure that the child’s welfare is prioritised and that the adoption process is conducted by Singapore adoption laws:

  1. Residency Requirements: You must be a resident of Singapore, meaning you are either a Singapore Citizen (SC) or a Permanent Resident (PR) or hold an Employment Pass, Dependent’s Pass, or any other Pass recognised by the Family Court.If you and your spouse are applying jointly, at least one of you must be a Singapore Citizen, or both must be Permanent Residents (PRs). If applying as a sole applicant, you must be either a Singapore Citizen or a Permanent Resident.Both you and your spouse must be habitually resident in Singapore and must have resided in Singapore for a continuous period of at least one year immediately preceding the application for an Adoption Suitability Assessment (ASA).
  2. Age And Marital Status: You must be at least 25 years old to adopt a child. There must also be an age gap of at least 21 years between you and the child, with a maximum gap of 50 years unless there are special circumstances or a blood relation.Single males are not permitted to adopt a female child unless under special circumstances. Married applicants wishing to adopt as sole applicants must obtain consent from their spouse unless the Court grants a dispensation of such consent.
  3. Legal And Criminal Background: You and your spouse must not have been convicted of serious crimes. The Court will consider your criminal record as part of the adoption suitability assessment.
  4. Additional Considerations For Foreigners: If you are a foreigner adopting with a Singapore Citizen spouse, you do not need a Letter of Support.Still, you must ensure that your home country recognises the Singapore adoption order and that the adoption meets any relevant legal or immigration requirements.If both you and your spouse are PRs, or if you are a PR adopting as a sole applicant, similar requirements apply regarding recognition by your home country.

 

14 Steps Of The Adoption Process In Singapore

Here are the 14 main steps that most adoptive parents will go through as part of the adoption process in Singapore.

Do note that extra steps or paperwork will be required if you are a non-Singapore Citizen, if the child you intend to adopt is a foreigner (this includes situations where you are adopting your stepchild), or if the child is from the People’s Republic of China.

 

1. Attend A Mandatory Pre-Adoption Briefing

Before beginning the adoption process in Singapore, it is mandatory for all prospective adopters, including those wishing to adopt a biological child or stepchild, to attend a Pre-Adoption Briefing (PAB).

This briefing is conducted by Social Service Agencies (SSAs) accredited by the Ministry of Social and Family Development (MSF).

The briefing aims to ensure that all adoptive parents are fully informed about the legal implications and responsibilities involved in child adoption in Singapore.

The Pre-Adoption Briefing covers essential topics, including:

  • The criteria for adopting a child in Singapore ensure you meet the necessary pre-adoption application requirements.
  • The legal implications of adoption in Singapore help you understand the rights and responsibilities you will assume as an adoptive parent.
  • A detailed overview of the adoption process in Singapore, from initial application to Court proceedings, so you are well-prepared for the journey ahead.
  • Guidance on how to talk to your child about their adoption, emphasising the importance of early disclosure and its impact on the child’s confidence, self-esteem, and bonding with the adoptive parents.
  • Information on post-adoption services and programmes available to support your family’s transition and ongoing development.

Additionally, under the new Adoption of Children Act 2022 (ACA 2022), all applicants must attend a Disclosure Briefing (DB), which focuses on the early disclosure of adoptive status.

This briefing is crucial as it impacts the child’s confidence and helps build a strong relationship between the child and the adoptive parents.

You may also register for both the Pre-Adoption Briefing and the Disclosure Briefing through any of the MSF-appointed agencies:

Attending these briefings is a critical step before applying for an Adoption Suitability Assessment (ASA) and subsequently submitting an adoption application to the Court.

You can find more details and register for the briefings on the respective agency websites, where you can also check the fees associated with the PAB and DB.

 

2. Provide Certification From Your Home Country (For Non-Singaporean Citizens)

For non-Singaporeans looking to adopt a child in Singapore, obtaining the necessary certification from your home country is a crucial step in the adoption process.

This certification, often referred to as a Letter of Support (LOS), verifies that you meet the legal standards for adoption in your home country and that your home country will recognise the Singapore adoption.

Additionally, the LOS must confirm that the adopted child will be granted permanent residence in your home country.

Here’s how you can obtain this certification:

  1. Contact Your Embassy or High Commission: Reach out to the embassy or high commission of your home country in Singapore.They will guide you on the specific documents and procedures required to obtain the LOS. This may include proof of your eligibility to adopt according to your home country’s laws.
  2. Submit Necessary Documents: You will need to provide various documents, including your valid passport, immigration pass, marriage certificate, and details of your residence and future plans in Singapore. Ensure all documents are up-to-date and notarised where necessary.
  3. Application Process: Once you have gathered all required documents, submit them to the Ministry of Social and Family Development (MSF) via email at Adoption@msf.gov.sg to request a Letter of Approval. This process typically takes one to two months, depending on the complexity of your case.

 

3. Undergo Home Study Report (HSR) / Adoption Suitability Assessment (ASA)

Before proceeding with child adoption in Singapore, prospective adoptive parents must undergo a Home Study Report (HSR) or the newly introduced Adoption Suitability Assessment (ASA) under the ACA 2022.

This evaluation is conducted by professional social service staff from Social Service Agencies (SSAs) authorised by the Ministry of Social and Family Development (MSF).

The HSR or ASA is a thorough assessment that examines various factors, including:

  • Home Environment: The physical and emotional environment where the child will be raised.
  • Financial Stability: Whether the adoptive parents are financially capable of providing for the child’s needs.
  • Emotional Readiness: The emotional preparedness of the adoptive parents to welcome and care for a child.

Steps in the HSR/ASA Process:

  1. Initial Interviews: The process begins with a series of interviews, during which the SSA assesses your readiness and suitability to adopt. These interviews cover your background, lifestyle, and motivations for adoption.
  2. Home Visits: Social workers will visit your home to evaluate the living conditions and ensure they are suitable for a child.
  3. Final Report Submission: After completing the interviews and home visits, the social worker will compile a comprehensive report. This report is then submitted to the Court and plays a significant role in determining whether the adoption will be approved.

It’s important to note that you must obtain a favourable HSR or ASA before you can proceed with identifying a child for adoption. This requirement is mandatory for all applicants, including those adopting a foreign child or a child under state care.

Duration and Costs:

The HSR or ASA typically takes several weeks to complete. The cost for the HSR is set at $2,000, but this may vary depending on the specific requirements of your case. Preparation is key—ensure you have all necessary documents and information ready before starting the assessment to avoid delays.

 

4. Identify A Child To Adopt

When adopting a child in Singapore, identifying a suitable child is a critical step in the adoption process. You may find a child through your personal contacts, including friends and family.

However, it is essential to ensure that the child was sourced, matched, and placed under your care in compliance with Singapore adoption laws and the legal requirements of the child’s country of origin.

The Ministry of Social and Family Development (MSF) does not provide child-matching services for general adoptions, but it can assist in matching children under state care.

If you are interested in adopting a child under state care, you can approach any of MSF’s authorised adoption agencies for more information. These agencies will conduct a suitability assessment to determine if you can adopt a child from state care.

Once you have obtained a favourable assessment, you may contact MSF directly at msf_adoption@msf.gov.sg or call 1800-111-2222 and say “adoption” when prompted by the virtual assistant to be matched with a suitable child.

After identifying a child, you must obtain notarised consent from the child’s birth parents or existing guardians.

This consent must clearly state that the relevant persons agree to relinquish all rights, duties, obligations, and liabilities related to the child, allowing the child’s adoption in Singapore to proceed legally.

 

5. Prepare The Documents For Submission

When you have identified a child for adoption in Singapore, it’s essential to gather and prepare all the required documents for submission.

Proper documentation ensures a smooth adoption process and compliance with the legal requirements set by the Family Court.

Here’s a list of documents you need to prepare:

  1. Notarised Consent of the Child’s Biological Parents or Relevant Persons: Obtain the notarised consent from the biological parents. If the biological parents are unavailable, the consent must be obtained from:
      • The legal guardian or the person with legal custody of the child.
      • The person responsible for supporting the child.
      • The parents or guardians of the biological parent if they are under 21 years old.
    • If you cannot obtain consent from one or both biological parents or relevant persons, you must provide a detailed affidavit explaining why consent is unattainable.This affidavit should include exhaustive efforts made to locate the biological parent(s) or relevant person(s), such as through social media, family members, the last known place of residence, or other means.
    • The Consent for Adoption must be prepared using the template the Court prescribes and signed before a commissioner for oaths or a notary public. More information on this can be found on the Family Justice Courts website.
  2. Identification Documents of the Child: Ensure that all identification documents of the child are authentic and have been verified. These documents include the Birth Certificate of the child (original and translated into English where applicable) and the child’s passport (including all pages).
  3. Itemised Breakdown of Costs Involved in the Transfer of the Child: If any costs were incurred during the transfer of the child, provide a detailed breakdown of these costs with documentary proof, such as original receipts, contracts, and agreements. Only Court-sanctioned payments are allowed in the adoption application.
    • The breakdown should include:
      • Published rates by the adoption agency or agent for the adoption application.
      • A list of all items or services under each acceptable payment category.
      • Payment made for each item or service.
      • Justification for how the amount was determined.
      • Documentary proof or official receipts for all listed items. If proof is unavailable, provide a valid reason.

You may seek legal advice to assist with the preparation of consent documents and the affidavit, ensuring that all submissions comply with the requirements of the Adoption of Children Act.

 

6. Prepare An Itemised Account Of All Costs Associated With Adopting The Child

Transparency in the adoption process is crucial, particularly concerning the financial aspects. The Family Court requires prospective adoptive parents to prepare an itemised account of all costs associated with adopting the child.

This requirement ensures that no unauthorised payments or rewards are involved in the adoption, adhering to Section 53 of the Adoption of Children Act.

All payments must be justified and supported with original receipts or documentary proof. If any amounts are based on estimates, provide official quotations or published rates as justification.

 

7. Apply For Dependent’s Pass For Foreign Child

When adopting a foreign child, prospective parents must apply for a Dependant’s Pass (DP) to bring the child legally to Singapore. This immigration pass allows the child to reside in Singapore during the ongoing adoption process.

To initiate the process, you must first obtain an In-Principle Approval (IPA) for the DP from the Ministry of Social and Family Development (MSF). Please note that:

  • As of 27 February 2023, the Immigration and Checkpoints Authority (ICA) has stopped issuing physical DP cards, and only digital DPs will be provided.
  • As of 19 May 2023, security deposits are no longer required for DP applications.

Validity and Fees Involved for a Dependant’s Pass:

  • Validity: 21 months
  • Cost: $330 for application and processing fees and $30 for visa (for the child to enter Singapore, if applicable)

If your application is successful, you will receive an IPA letter detailing the payment amount.

Steps to Apply for a Dependant’s Pass:

  1. Submit Required Documents: Begin by applying for a new Dependant’s Pass and submitting all necessary documents. Refer to the “New Dependant’s Pass Checklist” for guidance. Incomplete submissions will not be processed.
  2. Receive Acknowledgment Receipt: Once you submit the form, you will receive an acknowledgement receipt. MSF may contact you for clarifications, additional documents, or interviews.
  3. Processing Time: Applications with complete forms and documents will be processed within 20 working days. If more information is required, processing may take longer.
  4. Outcome Notification: MSF will notify you in writing about the outcome of your DP application. If successful, an IPA letter will be issued.
  5. Payment and Appointment: Indicate the child’s full name and Foreign Identification Number (FIN) during payment. Once completed, make an appointment with MSF to issue the DP. Both the applicant and the child must be present, along with the original documents, for verification.
  6. Retrieve the Electronic DP: After completing the formalities, you will receive an email notification to retrieve the child’s electronic DP. If you do not receive this within two weeks, contact MSF for assistance.

Remember, after the child’s DP is issued, you must initiate the adoption proceedings in the Family Justice Courts within three weeks to avoid cancellation of the DP. If the child is pursuing full-time studies, a Student Pass application may be required after the DP approval.

You can check the MSF process for renewing the dependent’s pass here.

 

8. Submit An Application To The Family Court

After completing the necessary steps, including identifying a child and obtaining notarised consent, you must submit an adoption application to the Family Court. This submission can be done in person or through a lawyer, and filing fees will be involved.

If you are adopting a foreign child, you must submit the adoption application within three weeks of the Dependant’s Pass (DP) issuance. Failure to do so may result in the termination of the DP, which can complicate the adoption process in Singapore.

Ensuring timely submission and proper legal representation will help facilitate a smoother adoption process and bring you one step closer to welcoming your new family member.

 

9. Apply For Guardian-In-Adoption (GIA)

A Guardian-In-Adoption (GIA) is appointed to represent the child’s interests during the adoption process, ensuring that the adoption is in the child’s best interest. This is mandated under the Children and Young Persons Act in Singapore.

The GIA conducts interviews with the adoptive parents and the child, ensuring all aspects of the adoption process align with the child’s best interests. They will submit a report to the Court with recommendations based on their findings.

Under the new Adoption of Children Act (ACA) 2022, applicants no longer need to make a separate application for MSF’s consent to act as the GIA, streamlining the adoption process in Singapore.

To apply for a GIA, you must seek consent from the Director-General of Social Welfare (DGSW) at MSF. Here’s how to proceed:

  1. Required Documents: Gather necessary documents, including the child’s birth certificate, the death certificate of the biological parent (if applicable), and your identification documents.For married applicants adopting without their spouse, a notarised consent from the current spouse is also needed.
  2. Apply for Consent: Submit your application along with the required documents. The relevant forms are in the MSF guidelines for both adoptive applicants and lawyers.
  3. MSF Investigation: Once consent is granted, MSF will conduct background checks, which may involve interviews with you, your family, and other relevant persons. This process typically takes up to nine months, depending on any complicating factors.
  4. Court Application: After MSF’s DGSW is appointed as the GIA, you will need to apply to the Family Court to formalise this appointment.

 

10. Attend MSF Interviews

As part of the adoption process in Singapore, attending interviews with the Ministry of Social and Family Development (MSF) is essential.

These interviews are conducted by a designated Child Welfare Officer (CWO) to assess the suitability of the adoptive parents and gather vital information about the family and the child’s circumstances.

What to Expect During the MSF Interviews:

  • Cooperation with the CWO: You will be required to cooperate fully with the CWO and provide all requested information. The CWO will conduct interviews at the MSF office or other designated locations and will also visit your home.
  • Types of Questions Asked: Expect questions that focus on your family’s background, parenting approach, and understanding of the adoption process. The CWO may inquire about your motivations for adopting a child, your family dynamics, and how you plan to integrate the child into your household.
  • Affidavit Submission: After completing the interviews and home visits, MSF will draft an affidavit summarising their findings from the social investigation. This affidavit will be submitted to the Family Court, serving as an evaluation of your adoption application.

 

11. Attend Court Hearing

The Court hearing is a pivotal step in the adoption process in Singapore. It is the moment when the judge reviews all documentation, including the affidavit submitted by MSF, to determine whether the adoption will be granted.

Overview of the Court Hearing:

  1. Submitting the Affidavit: Once the GIA completes the investigation, MSF will send the affidavit to you or your lawyer. It must be submitted to the Family Court within two weeks, along with a request for a hearing date.
  2. Who Will Be Present: You or your lawyer must be present during the Court hearing, and the Court may also invite additional parties, such as the GIA and the child’s biological parents. Their presence helps provide a comprehensive view of the case.
  3. Judge’s Questions and Decision: The judge will review the adoption application and may ask questions to clarify any details.They will consider the information presented, including the CWO’s evaluation, to decide. The Court may choose to grant the adoption, adjourn the case for further information, or request additional evaluations if needed.

 

12. Await Your Application Outcome

The adoption case is presented to the Family Court, and there are a few possible outcomes:

  • Unconditional Adoption Order: The most ideal outcome, where the child’s relationship with their birth parents or previous guardians will cease and you are acknowledged as the new legal parent of the child.
  • Conditional Adoption Order: The court grants the adoption but may impose certain terms and conditions on a case-by-case basis.
  • Interim order: The court delays the issuance of an Adoption Order, and instead grants interim custody of the child to you for a maximum period of 2 years. This time frame acts as a sort of probationary period, and the court can impose certain requirements related to child maintenance, education, or welfare as it sees fit.
  • Proceedings adjourned: The court places the case temporarily on hold in order to obtain further information about the application.
  • Rejection: No Adoption Order is granted.

It’s crucial to note that if the Court dismisses your adoption application, you will need to arrange for the return of the child to their birth parent.

Additionally, once the Court has made its decision, the Dependant’s Pass (DP) cannot be extended.

You must approach the Immigration and Checkpoints Authority (ICA) for a valid immigration pass before the child’s current DP expires.

 

13. Collect The Child’s New Singapore Birth Certificate

If the Family Court grants the Adoption Order during the adoption process in Singapore, the Court will notify the Registry of Births and Deaths and the Immigration and Checkpoints Authority (ICA) to issue the child a new Birth Certificate.

Once the adoption order is granted, either you or your attorney will receive a letter from the ICA requesting that you collect the new birth certificate.

The letter will include details on when and where to collect the certificate, ensuring you have all the necessary information to complete this final step of adopting a child in Singapore.

In some cases, adoptive parents may wish to change the child’s name. This can be done by executing a deed poll once the adoption is complete. The new name will be reflected on the new Birth Certificate, providing the child with a fresh start under their new identity.

However, if the Court denies your petition, you will be responsible for returning the child to their biological family at your own expense. This outcome, although rare, emphasises the importance of ensuring that all legal requirements are met during the Singapore adoption process.

Collecting the new Birth Certificate signifies the successful conclusion of the child’s adoption in Singapore, allowing the child to fully integrate into their new family with all the legal rights and recognition provided by the state.

 

14. Post-Adoption Proceedings

After finalising the adoption process in Singapore, there are several important legal formalities and support services to consider.

Completing these steps ensures that your child’s legal status is updated and that they can continue to thrive in their new family environment.

  1. Updating Legal Status and Identity Documents: It is essential to update your child’s legal status and identity documents following the adoption. This may include obtaining a new birth certificate reflecting the adoption and the child’s new identity.
  2. Applying for the Appropriate Immigration Pass: To ensure your child can continue residing in Singapore without any legal issues, you must apply for a suitable immigration pass. Depending on your child’s circumstances, you may consider the following options:
    • Student’s Pass (STP): If your child is currently attending or has enrolled in a school in Singapore, applying for a Student’s Pass after the adoption proceedings will allow them to continue their education seamlessly.
    • Long-Term Visit Pass (LTVP): If your child is not attending school but wishes to remain in Singapore, an LTVP can be applied for.
    • Singapore Citizenship or Permanent Residency: You may also consider applying for Singapore Citizenship or Permanent Residency for your child, depending on your long-term plans.
  3. Avoiding Overstaying: Under the Immigration Act, it is an offence to overstay after the expiry or termination of an immigration pass, including the Dependant’s Pass (DP). Therefore, it is crucial to apply for and obtain the appropriate immigration pass before your child’s current pass expires.

In addition to legal formalities, post-adoption support services are available in Singapore to assist both parents and children in adjusting to their new family dynamics. These services include:

  • Counselling Services: Professional counselling can provide guidance and support for adoptive parents as they navigate the emotional and practical aspects of adoption.
  • Support Groups: Joining support groups can offer a sense of community and connection with other adoptive families, allowing parents and children to share experiences and gain insights.
  • Educational Resources: Various organisations provide resources to help families understand the unique challenges and opportunities that come with adopting a child in Singapore.

 

Who Can Be Adopted?

When considering adoption in Singapore, it’s crucial to understand the eligibility criteria for a child to be adopted, the types of children available for adoption, and the legal requirements that must be met.

Eligibility Criteria For Adoption

  1. Child’s Age: For a child to be eligible for adoption, they must be below 21 years old and have never been married. If the child is nearing 21, ensure there is sufficient time to assess your suitability to adopt before they turn 21.
  2. Residency Status: The child must be a resident of Singapore. This includes Singapore Citizens, Permanent Residents, or holders of a Dependant’s Pass. A child residing in Singapore on a visit pass, student’s pass, or special pass does not meet the residency requirement.

 

Conclusion About The Child Adoption In Singapore

Adopting a child in Singapore involves several key steps, including determining eligibility based on age and residency.

Prospective adopting parents must gather necessary documentation, such as consent from the child’s birth parents or legal guardians, and undergo assessments by adoption agencies.

Depending on the complexities of your case, various additional paperwork may be required before you can legally adopt a child in Singapore. Any discrepancies will cost you additional fees and delay the adoption process.

This is why we recommend that you consult an experienced family lawyer in Singapore to ensure that everything goes as smoothly as possible.

Our expert team of dedicated family lawyers at Tembusu Law is committed to helping you present the strongest possible case to achieve swift approval for your adoption application.

We represent clients in all stages of family law matters, including child custody, access applications, and adoption issues.

Contact us for a free consultation and we’ll be happy to answer any additional questions you may have about the adoption process in Singapore.

 

Frequently Asked Questions About The Child Adoption In Singapore.

Can A Single Man/Woman Adopt A Child In Singapore?

Yes, but in accordance with section 4(3) of the ACA, a single male cannot adopt a female child except in special circumstances.

Can A Married Woman Adopt A Child Without Her Husband?

No. According to section 4(5) of the ACA, if a person is married and would like to adopt, they must obtain the content of their spouse before the application can proceed.

Can A Foreigner Adopt A Child In Singapore?

Yes, as a foreigner you can adopt a child in Singapore, but you will need to obtain a Letter of Support (LOS) from your home country’s Embassy or High Commission stipulating that you meet certain requirements. You will also need to apply for a Letter of Approval for MSF to commence their Home Study Assessment before you can proceed with your adoption application.

How Can I Ensure I Have All The Necessary Documents For Adoption?

To ensure you have all the necessary documents for adopting a child in Singapore, consult with adoption agencies and legal experts, such as our team in Tembusu Law. They can provide checklists and guidance on obtaining consent from the child’s birth parents and other required documents.

Why Is Obtaining Consent From Birth Parents Important In The Adoption Process?

Obtaining consent from the child’s birth parents is essential to ensure that the adoption is legal and valid. It protects the child’s welfare and helps prevent contested adoption applications in the future.

Can Foster Parents Adopt The Children In Their Care?

Yes, foster parents can adopt the children in their care if the adoption is in the child’s best interest and they have met all legal requirements. This process allows for a smoother transition to a permanent home for the child.

About the author

About the author

Jonathan Wong

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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