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FEATURE |
Every year, some 700 adoption petitions are brought before the Family Court. About 40% of these are local adoptions. While a large number of petitioners are petitioning to adopt a non-related child, the court also handles petitions to adopt stepchildren, relatives and natural issues.
For all adoption petitions, child welfare officers from the Ministry of Community Development, Youth and Sports (‘MCYS’) conduct social investigations to assess the prospective adopter(s)’ readiness and suitability to adopt, their ability to provide for the child’s basic needs and examine the adopter(s)’ bonding and relationship with the child.
Adopting a child can be an enriching and fulfilling experience. But it is also a lifelong responsibility. Hence, it is important that all prospective adopters give due consideration to the reasons for adopting a child and the responsibilities it entails.
Adopting a child brings major changes to one’s lifestyle. In their investigations, MCYS officers must be satisfied that the child’s ‘best interests’ have been met. Prospective adopter(s) must be physically, emotionally, psychologically and financially ready to parent a child.
MCYS took over the role of guardian ad litem from the Attorney-General’s Chambers with effect from 1 January 2003. The Director of Social Welfare of MCYS will issue consent to be the guardian ad litem for adoption proceedings.
To obtain consent from the Director of Social Welfare to act as guardian ad litem, solicitors should forward the relevant documents to MCYS for perusal expeditiously.
At least seven working days should be provided prior to the hearing date of Prayer 1, hearing of application for dispensation and the application for the Director of Social Welfare to act as guardian ad litem.
This will allow consent to be
issued in a timely manner and minimise any unnecessary delay to the adoption
proceedings. In addition, solicitors should file the Child Welfare Officer’s
affidavit in court within one week upon its receipt.
Singapore and the PRC have concluded a Note of Agreement (‘Agreement’) on the adoption of children from the PRC recently. This Agreement stipulates the channel for adoption of children from the PRC by Singaporean couples.
From 1 April 2004, any person wishing to adopt a child from the PRC should not approach any individual or any agency, whether in Singapore or the PRC, for the selection of children to be adopted.
The Agreement provides for Singapore’s two accredited agencies for adoptions from the PRC, namely TOUCH Community Services Ltd and Fei Yue Community Services, to assess whether prospective adopters are suitable, medically fit and financially able to adopt the PRC children. This assessment will be done through a Home Study Report.
Under the Agreement, only these two accredited agencies can submit an adoption application and the Home Study Report on the prospective adopters to the China Centre of Adoption Affairs (‘CCAA’). CCAA will match a child from a state-run orphanage to the prospective adopters provided they satisfy all the requirements stipulated by the CCAA.
Prospective adopters must:
(i) be at least 30 years of age, and the younger of the prospective adopters should not be more than 55 years of age;
(ii) be financially stable, with an annual household income of at least S$32,000;
(iii) be physically and mentally healthy;
(iv) have not more than five children;
(v) be Singapore citizens; and
(vi) have no criminal records for seizable offences, including but not confined to, child abuse, sexual offences, violent offences and drug abuse and other offences which will make them unsuitable for adoption.
The prospective adopters should be Singaporeans. However, applications will be processed if one spouse is a Singapore citizen and the other is a Permanent Resident and the future domicile of the couple is in Singapore.
Prospective adopters may wish to contact the two accredited agencies to ascertain if they meet the basic eligibility criteria.
The accredited agencies will also follow up with post-placement reports on the child and provide administrative and support services for the prospective adopters.
For the adoption of relatives, the provisions under the prevailing Adoption Law of the PRC and the Adoption of Children Act (Cap 4) of Singapore shall apply.
The prospective adopters will be required to provide additional supporting documents to verify the relationship. The CCAA will provide the guidelines for such adoptions. You may wish to check out these guidelines through their website (www.china-ccaa.org).
Since July 2001, MCYS has also accredited three social service agencies to carry out investigations and prepare home study reports for foreign authorities from countries like Thailand, India and the Philippines, which require such reports to be submitted before a foreign child can leave the home country to commence adoption proceedings in Singapore.
Home study reports are investigation reports on the circumstances and factors surrounding the adoption which are done in the best interest of the child.
The report examines whether the prospective adopters are able to provide the basic needs necessary for the physical and social development of the child. Some of these countries also require post-placement reports on the child’s progress to be submitted periodically.
The cost of home study and post placement reports are as follows:
Home Study Reports S$900
Post-placement Reports S$300 (1st report)
S$200 (2nd report)
S$150 (each subsequent report)
The accredited agencies are competent and qualified to conduct home study reports and have fulfilled the stringent standards of accreditation set by MCYS. The agencies will assess the applicants and prepare reports on their eligibility and suitability to adopt and provide counselling and educational services to the prospective adopters. The agencies are:
(i) Touch Community Services Limited
Ms Teo Seok Bee
Tel: 6370 7302
Fax: 6377 0121
E-mail: seok.bee@touch.org.sg
(ii) Fei Yue Community Services
Mrs Seah Kheng Yeow
Tel: 6416 2177
Fax: 6569 5868
E-mail: seahkhengyeow@fycs.org
(iii) Students Care Service
Ms Morene Sim
Tel: 6289 5873
Fax: 6286 6230
E-mail: morene_sim@students.org.sg
Solicitors should ensure that the following are carried out when handling adoption petitions:
• Explain to the petitioners what the adoption process entails. Prospective adopters should be duly informed about the social investigation process and the effects of the adoption order.
• Take steps to ensure that no sale, trafficking, abduction or kidnapping of children has taken place. Solicitors should verify that the prospective child has been secured through legal means.
• Forward the relevant documents to the Director of Social Welfare for the guardian ad litem’s consent to be issued expeditiously.
• Inform the petitioners that the foreign adopted child is required to take the oath of renunciation, allegiance and loyalty on attaining the age of between 21 and 22 years. Petitioners should, therefore, consider the implications of non-disclosure carefully.
• Ensure that petitioners and the prospective child are resident in Singapore as stipulated under s 4(6) of the Adoption of Children Act.
• Ensure that consent of the infant’s every parent, guardian, person having actual custody of infant or person liable to contribute to infant’s support has been sought — s 4(4).
For further information on adoption, solicitors can refer to the Family Town website at www.familytown.gov.sg. Alternatively, they can contact the Adoption Hotline at 6355 6388 where a Duty Officer is available to answer queries related to adoption matters from 8.30am to 5pm on Mondays to Fridays and from 8.30am to 1pm on Saturdays.
For further information on the filing of adoption petitions, solicitors can also refer to the court’s website at www.familycourtofsingapore.gov.sg.
For information relating to immigration matters, please contact:
Immigration and Checkpoints
Authority
24-Hour Hotline: (65) 6391 6100
Visitor Services Centre
4th Floor, ICA Building
10 Kallang Road
Singapore 208718
E-mail: ica_feedback@ica.gov.sg
Website: www.ica.gov.sg
Ministry of Community Development, Youth and Sports