MSF Looking to Amend Adoption Laws & Practices; Include Making Unethical Adoption Illegal, Giving Courts More Power to Forego Parental Consent

The Adoption of Children Act, last revisited more than thirty years ago in 1985, is now under review by the Ministry of Social and Family Development (MSF) to better accommodate circumstances that have since emerged. 

Changes under consideration include criminalising certain unethical practices and empowering courts to bypass the need for parental consent in a greater number of cases, The Straits Times reports. 

These practices can include acquiring parental consent to give up a child for adoption through coercion, not preparing complete and accurate documentation for the child, and entrusting a child to the care or company of applicants not found suitable for adoption. 

Everyone involved in the process of applying for adoption is called upon to highlight instances of these offenses.

The courts will also be empowered to supersede the need for birth parents’ consent before a child is released for adoption, subject to certain circumstances. According to The Straits Times, these include persistent parental neglect or ill-treatment, chronic drug use by the parent, or parental abandonment.

The need for such provisions has arisen because some parents oppose adoption even when they are neither willing nor able to care for the child, depriving the child of the opportunity for adoption by a caring family with better resources.

The MSF is also considering obligating adoption agencies to publish and update information on their fees and services, to partially address the lack of formal regulation for adoption agencies in Singapore. 

It clarified that essential documents to adopting a child, including the child’s identification papers and notarised consent from their birth parents, are already subject to government verification.

Details of payments to the adoption agency will also be examined by the courts, such as compensation for pre- and post-natal expenses. 

In total, an applicant may be required to pay S$25,000 to S$30,000, including the birth mother’s medical expenses, legal fees, and agency fees.

In addition, the MSF is looking to give preference to applicants “with strong ties” to Singapore, such as habitual residency in the country. It believes this is in line with international requirements, considering the dwindling number of foreign children available for adoption.

For Now, What Do I Need in Order to Adopt?

Adoption is not a decision to take lightly. But if you have the heart and the resources to give a child a better life, here are the steps you need to take, courtesy of The Straits Times.

First, you need to check your qualifications: you must be a Singaporean or a permanent resident (PR); holders of other passes may or may not be permitted to adopt by the Family Justice Courts. 

You need to be at least 25 years old and between 21 and 50 years older than the child. And if you are adopting a girl, you cannot be a single male without special circumstances.

You can find a child to adopt through your relatives, friends, or any other entity, but have to receive the child without transgressing the laws of any country. The birth parents of the child must also give written consent for the adoption.

The adoptee must be below 21 years old, and be either a Singapore citizen or a PR. Adopting a foreign child requires more stringent assessments, including a months-long home study that involves detailed interviews with a social worker. 

You should then apply for a Dependent’s Pass for the child to legally remain in Singapore until the adoption is formalised.

For a more detailed and authoritative guide, you can visit the MSF website.

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