Applications are to be made in accordance with the provisions of the Adoption of Children Act.

In general, an adoption order is not made when the sole Applicant is a male and the child is a female unless the Court is satisfied that there are special circumstances which justify making such an exceptional order.

To make an application, the following must be satisfied:-

(1) the Applicant must be at least 25 years of age;
(2) the Applicant must be at least 21 years older than the child whom he/she is seeking to adopt;
(3) the Applicant must be a resident in Singapore;
(4) the child must be resident in Singapore;
(5) the parent or guardian of the child must consent to the application; and
(6) the spouse of the Applicant must give his/her consent if it is not a joint application.

During the proceedings, the Attorney-General will usually be appointed by the Court to be the guardian ad litem for the child. The Attorney-General will appoint a welfare officer from the Children & Young Persons Service, to conduct the necessary investigations concerning the proposed adoption. After such investigation, the officer will give an affidavit stating his findings of the investigation.

Your Lawyer will liaise with the Attorney-General on their requirements on your behalf, and prepare and file such requisite documents as may be required by the Attorney-General and/or the Court. An adoption order will be granted when all procedures have been adhered to and the requirements fulfilled to the satisfaction of the Court.

You should engage a Lawyer to prepare all relevant documents and file a Originating Summons (Adoption) in the prescribed format. Some of the documents which will be filed together with the petition are:-

(1) an affidavit verifying the contents of the Originating Summons (Adoption),
(2) the child’s birth certificate,
(3) the marriage certificate of the adoptive parents if the Originating Summons (Adoption) is jointly made by the spouses,
(4) the consent of the natural parent(s) or guardian(s),
(5) the consent of the other spouse if one of them is the applicant.

Upon the order being made, all rights, duties, obligations and liabilities of the parent(s) or guardian(s) in relation to the future custody, maintenance and education of the child shall be extinguished and the adoptive parent(s) shall stand in the position of the parent(s) or guardian(s).

The Registrar of Births and Death will then issue the child’s birth certificate bearing the child’s new name and the name, address and description of each of the adoptive parent. Thereafter, no one shall be permitted to inspect the original entry in the Register of Births or take a copy of such entry unless permitted by the Registrar.

Yes, the Court can make an order for adoption in exceptional circumstances such as:-

1. the Applicant is below 25 years of age and not more than 21 years older than the child, if:-
   • the Applicant and the child are related, or 
   • they are not related but there are special circumstances.
2. no consent from the parent or guardian is provided, the Court is satisfied that the parent or guardian:-
   • neglected or abandoned the child,
   • cannot be found, or
   • is unfit by reason of physical or mental incapacity.

The Court must be satisfied that:-

(1) the parent or guardian who has consented to the adoption understands the nature and effect of an adoption order, i.e. that the order will permanently deprive him/her of his/her parental rights over the child;
 
(2) the order will be for the welfare of the child, and if the Court is satisfied that the child is of an age to have sufficient understanding, due consideration will be given to his/her wishes;

(3) the parent or guardian has not received or agreed to receive and that no person has made or given or agreed to make or give to the parent or guardian any payment or other reward in consideration of the adoption except as sanction by the Court.

You may wish to visit the weblink of Ministry of Social and Family Development (MSF), which provides a comprehensive list of questions and answers, and issues relating to Adoption in Singapore.