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Inside the Bar

Adoptions Without Tears —
A Procedural Guide

This article sets out the common procedural pitfalls encountered by parties filing adoption petitions and related applications.

This article is meant to set out general procedural guidelines only and is not intended to set out an exhaustive list of all the procedural issues which may arise in adoption proceedings. The procedural issues arising in each case will depend on the particular facts of the case. The responsibility for ensuring that the adoption petition and any related applications and/or documents are in compliance with the Adoption of Children Act (Cap 4) (‘Act’), the relevant rules in the Rules of Court1 (‘RC’) and the relevant practice directions2 (‘PD’) is solely that of the party filing the same. Finally, substantive issues arising in adoption proceedings are beyond the scope of this article, which focuses only on uncontested adoption proceedings.

1 Adoption Workflow
1.1 The following diagram sets out the case-flow for adoption proceedings, from the time the adoption petition is filed, to the
time of the final hearing of the petition.

1.2 List of documents to be filed when commencing adoption proceedings:
a) Adoption Petition.
b) Affidavit in Support of Adoption Petition (to be filed within seven days of filing Adoption Petition).a
c) Birth certificate of the child (to be submitted to court with cover letter in Form 17A of Appendix B of PD at least three clear days before hearing to appoint the guardian ad litem).b
d) Either: (i) Consentc of:
• natural parent(s) of child, or
• guardian of child, or
• person having actual custody of child, or
• person liable to contribute to the support of the infant, (‘the relevant persons’) (Form149 of the RC),
or

(ii) application for dispensation of consent on the relevant person(s) (Form 150 of the RC).d e) Application for dispensation of or substituted service of AP and other documents (if applicable).e

1.3 Service of Adoption Petition and related documents
a) The Adoption Petition and all related documents must be served on the:

• DSW f and
• relevant persons.g
b) An application to dispense with consent of the relevant person (‘the dispensation of consent application’) must be served on the relevant person unless an
application to dispense with service of or for substituted service of the dispensation of consent application has been taken out.h This application to dispense with service of or for substituted service of the dispensation of consent application must itself be served on the relevant person.
c) An application to dispense with service or substituted service of the Adoption Petition and other documents must be served on the relevant person.

Note:
• Applications in sub-paras (b) and (c) above should be made in the same summons-in-chambers.
• For cases where the identity of the relevant person is unknown, see paras 4.8 and 5.2 below.

Footnotes to Adoption Flowchart
a See O 68 r 3 (verification of petitions) of the RC and para 62(3) of the PD.
b See para 62(6) of the PD.
c See ss 4(4), 4(5) and 5 of the Act.
d See paras 62(4) and (5) of the PD.
e See paras 62(4) and (5) of the PD.
f See O 68 r 5 (GAL) of the RC.
g See O 68 r 4 (Service) of the RC.
h See O 68 r 6(2) (Consent) of the RC.

 2 Matters to Check in the Adoption Petition
 The Adoption Petition is filed through an electronic template using the Electronic Filing System. It is important that you fill in each piece of information required by the template. At the same time, you will have to fill in, via the electronic template also, the information required by the Schedule to the Act.

You should double-check certain pieces of information set out in the Adoption Petition and the Schedule (namely, those pieces of information which are highlighted in this paragraph) by checking the details against all available documentation, ie the:
a) passport (of the petitioner(s), the child, and the natural parent(s));
b) identity card (of the petitioner(s), the child (if applicable) and the natural parent(s));
c) marriage certificate (in the case of joint petitioners); and
d) birth certificate (of the child).
It is absolutely vital that all these details are correct, as the Registry of Births, when issuing the new birth certificate after the adoption order is made, will check all these details to ensure that the said details in the petition are consistent with the Schedule and that the details in both these documents are consistent with all the available documentation.

2.1 If the name of a petitioner or the child in one document is different from the petitioner’s or child’s name as set out in another document, you must:
a) explain the discrepancy in the Affidavit in Support of Petition if the discrepancy appears to be more than a typographical error or a difference in the order in which the person’s various names are written; 3and
b) set out all the different names in the petition as aliases, eg: John Tan@Tan Ah Kow@Tan AhKow@Tan Ah Kow, John@Tan Ah Kow John@ John Tan Ah Kow.

Even a discrepancy in one letter, the appearance or absence of a comma, or a discrepancy in the spacing between the different names (eg Tan Ah Kow and Tan Ah Kow) is significant. You must deal with this discrepancy in both the Schedule and the petition by setting out all the variations of the name in the said documents.

2.2 The petitioners’ particulars which must be double-checked are:
• names;
• NRIC numbers;4
• addresses;
• date of birth/country of birth;
• occupation;
• race/dialect;
• religion; and
• nationality.

2.3 The child’s particulars which must be double-checked are:
 • name(s) (the child’s original name(s), as they appear in the birth certificate/passport/other available documents);
• birth certificate/passport/NRIC number;
• address;
• date of birth; and
• place of birth.

2.4 The natural parents’ particulars which must be double-checked are:
 • names (the names of the natural parents should be exactly the same as in the birth certificate of the child);
• NRIC numbers;5
• addresses; and
• nationality.

2.5 Finally, it is important to state in para9 of the petition that the petitioners have been supporting the child. A common error is to state that the petitioners have not been supporting the child.

 3 Affidavit in Support of Adoption Petition
3.1 Remember to file the Affidavit in Support of Adoption Petition (‘the Affidavit’) within seven days of the filing of the petition.

3.2 The Affidavit must have a paragraph to state that the petitioners affirm the truth of the contents of the petition.

3.3 Copies of the following documents must be exhibited in the Affidavit:

• child’s birth certificate or other means of identification if the birth certificate is not available;
• translation of child’s birth certificate, if it is not in the English language;
• child’s dependant’s pass (if the child is a citizen of a foreign country);
• marriage certificate of the petitioners (if applicable);
• letter from the Immigration and Checkpoints Authority (‘ICA’) confirming that the department will grant an in-principle approval for an adoption application (if the child is a citizen of a foreign country);
• identity cards of the petitioners;
• foreign adoption order (if applicable) (see para 4.3 below);
• consents and any other documents necessary to prove the assertions made in the Adoption Petition and the Affidavit (see paras 3.4 and 4.4 below); and
• foreign divorce order (if applicable) in respect of the natural parents (in order for the court to ascertain the legal rights of the divorced natural father in relation to the child).

3.4 The Affidavit in Support of Petition should also include information in support of any applications to dispense with service of or for substituted service of the Adoption Petition and related documents and/ or dispensation of consent of the relevant person(s) (‘applications for dispensation of/substituted service/ consent’), so that more than one affidavit need not be filed in the proceedings. For example, if an application for dispensation of consent of the natural father is filed, if there any documents which can support the application, such as the death certificate of the natural father, or a letter written by the natural father stating that he consents to the adoption, these should be filed in the Affidavit in Support of Petition.

You should take note of the following: 

a) Child’s dependant’s pass:

(i) The child’s dependant’s pass will appear as a stamp on one of the pages of the child’s passport. Exhibiting any other identity card or pass of the child will not suffice.
(ii) A social visit pass, student’s pass, disembarkation card, or any other pass for the child will not suffice. A dependant’s pass6 must be exhibited.
(iii) The child’s dependent’s pass must be valid for a time beyond the date of the next hearing. If it is not, the petitioners must apply to ICA for the dependant’s pass to be extended.
b)Child with no nationality but born in Singapore:

If the child is born in Singapore but is not a Singapore citizen, nor a citizen of any other country, then a letter from ICA is necessary to state that they have no objections to the adoption. It will not be necessary, however, to obtain a dependant’s pass for the child.
c) Foreign petitioners:
(i) If the petitioners are not Singapore citizens or permanent residents, their work permits/employment passes and/or dependant’s passes must be exhibited in the Affidavit.
(ii) If one of the parties is not a Singapore citizen or permanent resident and does not have a work permit, employment pass or dependant’s pass, the Affidavit should state the basis on which that party considers himself resident in Singapore7 (eg the party is in the process of applying for permanent residency in Singapore, has lived here for a number of years, and will be doing so for the foreseeable future).
 4 Consent
4.1 Consent of all the relevant persons must be obtained. If not, an application for dispensation of application for dispensation of consent must be filed. The application for dispensation of consent must be personally served on the relevant person(s), unless the court grants leave to dispense with service of or grants substituted service of the said application.

4.2 Before an application for dispensation of consent of a relevant person on the basis that the person cannot be found will be granted, the petitioners should make attempts to locate the relevant person (as set out in para 5.1(b) below). Full details of the said attempts must be set out in the Affidavit (see para 62(7) of the PD).

4.3 Foreign adoption orders have no legal effect in Singapore for the purpose of adoption proceedings. Thus, the consent of the natural mother and father of the child who has been adopted in a foreign country must be obtained, in addition to the consent of the adoptive mother and father. The foreign adoption order must be exhibited in the Affidavit in Support of Petition, however.

4.4 If the natural father and/or natural mother is/are under 21 years old (for Singaporeans, you can check this information from the child’s original birth certificate), the consent of the guardian of the natural father and/ or natural mother must be obtained. Please note that the consents of the natural parent(s) and the guardian(s) of the natural parent(s) must be filed separately — ie it will not suffice only to obtain the consent(s) of the guardian(s) of the natural parent(s) only. The consent(s) of the natural parent who is under 21 years old must also be obtained.

4.5 The consent of the relevant persons must be in Form 149 of the ROC. If it is not in the standard form, it must be obvious from a plain reading of the consent that:
a) the person consenting understands the nature and effect of the adoption order; and
b) if the person consenting is the parent, that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights.
Try to obtain a consent in the standard form, wherever possible. If the consent is not in the standard form, then an application for dispensation of consent must be

4.6 The consent must be signed before a commissioner for oaths/notary public.

4.7 If the person signing the consent is not literate in English, the consent must be interpreted to that person in his chosen language and an interpretation clause to state that this has been done must be set out in the consent.

4.8 If the identity of the natural father is unknown, the natural mother must file an affidavit stating that she is not aware of the identity of the natural father (ie she is not aware of which man the natural father could be and/ or has no idea of the natural father’s name, even his first name) and to give brief reasons why. The fact that the natural father’s name does not appear in the birth certificate will not suffice to establish that the natural father’s identity is unknown. The natural mother must still file the affidavit to explain that she is not aware of the natural father’s identity and why. In a situation where the natural father’s identity is unknown, there is no necessity for an application for dispensation of the natural father’s consent to be filed.

5 Service of Adoption Petition and Related Documents

5.1 Personal service of the Adoption Petition and related documents on all the relevant persons must be effected. If not, an application for dispensation of service or substituted service on the relevant person(s) must be filed. You should note that the requirements for applications for substituted service or dispensation of service for divorce petitions (as set out in para 9A of PD No 1 of 1999 (as amended by PD 4 of 2000)) are applicable to applications for dispensation of/ substituted service in adoption proceedings. This means that:
a) At least two recent attempts at personal service should be made at the last known address (if any) of the relevant person.
b) If there is no response for both attempts at personal service and the petitioners are not able to establish that the relevant person is residing at a particular address (eg by stating that the petitioners are residing at the same address as the relevant person and see him every day), then they should make attempts to locate the relevant person by contacting his relatives, friends, employer(s) (if any), in order to discover the address at which the relevant person is currently residing.
c) Full details of the petitioners’ attempts to locate the relevant person and other details (as set out in para 9A(c)(i)–(iv) of the abovementioned PD) must be set out in the Affidavit (see para 62(8) of the PD).

5.2 In cases where the natural father’s identity is unknown (see para 4.8 above), there is no necessity to file an application for dispensation of service of the AP and related documents on the natural father.

6 Applications for Dispensation of/Substituted Service and Dispensation of Consent — Some Common Points
6.1 If the natural father refuses to accept the child as his child, he must nonetheless be served with the applications for dispensation of/ substituted service as well as for dispensation of consent.

6.2 Where possible, try to make the application for dispensation of service/substituted service as well as dispensation of consent in the same summons-in-chambers, in order to save costs.

 7 Other Documents Remember to file the:
• DSW’s written consent to be appointed as GAL; and
• original birth certificate of the infant, or where this is not available, a certified true copy of the same. In the latter case, there should be a paragraph in the Affidavit in Support of Petition stating the whereabouts of the original birth certificate.
 8 Application to Amend

If you make an application to amend any document and that application is granted by the court, remember to file the amended document within 14 days, or you will have to apply for an extension of time to file the amended document .8 You do not need to extract the order granting leave to amend. 9

9 Reading Materials
Lawyers filing adoption petitions are advised to read the following materials which cover both substantive as well as procedural issues in adoptions:
• the Adoption of Children Act (Cap 4);
• O 68 (Adoption of Children) of the RC;
• para 62 of PD No 1 of 1999 as amended by PD No 5 of 2002;
• Frequently Asked Questions on adoption at www.familycourtofsingapore.gov.sg  under the ‘Principles of Law’ section; and
• How to Apply For Adoption at www.familycourtofsingapore.gov.sg  under the ‘Processes and Procedures’ section.
District Judge Lim Hui Min10
Family Court                                                                                                                                                                                                         

Endnotes
1 O 68 of the RC (1997 Ed).
2 Para 62 of PD No 1 of 1999, as amended by PD No 5 of 2002.
3 An example of the latter situation is where the person’s name is stated as ‘Tan, John’ in his identity card, but ‘John Tan’ in his passport.
4 If the petitioners are non- Singaporeans, then the FIN or passport number.
5 If the petitioners are non- Singaporeans, then the FIN or passport number.
6 See s 4(7)(a) of the Act.
7 See s 4(6) of the Act which states, inter alia, that ‘An adoption order shall not be made in favour of any applicant who is not resident in Singapore ...’.
8 See O 20 r 9 of the RC (failure to amend after order).
9 See O 42 r 9 of the RC (orders required to be drawn up).
10 The author is most grateful to District Judges Daphne Hong and Hoo Sheau Peng for their comments and suggestions on this article.