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A Procedural Guide to Adoptions
This article sets out the common procedural pitfalls encountered by parties filing originating summonses for adoption (OSA), Adoption Statement and related applications. It is meant to set out general procedural guidelines only, and is not intended to be an exhaustive list of all the procedural issues which may arise in adoption proceedings. The responsibility for ensuring that the OSA, Adoption Statement and any related applications and/or documents are in compliance with the Adoption of Children Act (Cap 4) (“the Act”), the relevant rules in the Rules of Court (“the ROC”) and the relevant Practice Directions2 (“the PD”) is solely that of the party filing the documents. Finally, substantive issues arising in adoptions proceedings are beyond the scope of this section, which focuses only on uncontested adoption proceedings.
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1. Adoption Workflow
1.1 The following diagram sets out the case-flow for adoption proceedings, from the time the OSA is filed, to the time of the final hearing of the OSA.
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1.2 List of Documents to be filed when commencing Adoption proceedings
a) Originating Summons for Adoption (“OSA”)
b) Adoption Statement (“AS”)
b) Affidavit verifying and exhibiting the auto-generated AS (to be filed within 7 days of filing OSA)
c) Birth Certificate of the child (to be submitted to court with cover letter in Form 38 of Appendix B of the PD at least 7 clear days before hearing to appoint GIA)
d) Either:
(i) Consent of:
- Natural parent(s) of child
- Guardian of child
- Person having actual custody of child
- Person liable to contribute to the support of the infant
- Natural maternal and paternal grandparents of the child, where the natural parent(s) are below 21 years of age
(“the relevant persons”)
(Form 152 of the ROC)
OR
(ii) Application for dispensation of consent on the relevant person(s) (Form 153 of the ROC). This is filed as one of the prayers in the OSA and not by way of a separate summons (see paragraph 103(7) of the PD);
e) Application for dispensation of or substituted service of OSA and other documents (if applicable). This is filed as one of the prayers in the OSA and not by way of a separate summons (see paragraph 103(7) of the PD).
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| 2. FILING THE OSA (See paragraph 103(2) of the PD) |
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| 2.1.1 |
In addition to the OSA, the applicant(s) must fill up the Adoption Statement (“AS”) in Form 151. It is important that all relevant and mandatory fields in the template are filled in accurately. This is because the information required by the Schedule to the Adoption Order will be taken from this template. |
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| 2.1.2 |
Ensure the accuracy of information set out in the AS and the Schedule by checking the details against ALL available documentation, in particular: |
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a) |
Passport of the applicant(s), the child, and the natural parent(s); |
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Identity card of the applicant(s), the child (if applicable) and the natural parent(s); |
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c) |
Marriage Certificate (in the case of joint applicants); and |
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d) |
Birth Certificate (of the child). |
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| 2.1.3 |
It is absolutely vital that all these details are correct, as the Registry of Births, when issuing the new birth certificate after the adoptions order is made, will check the said details in the originating summons against those in the Schedule, and that the details in both these documents are consistent with all the available documentation. |
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| 2.1.4 |
The applicants’ particulars which must be double-checked are: |
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Names; |
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NRIC numbers; |
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Addresses; |
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Date of birth/country of birth; |
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Occupation; |
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Race/Dialect; |
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Religion; and |
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Nationality |
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The child’s particulars which must be double-checked are: |
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Name(s) (the child’s original name(s), as they appear in the birth certificate/passport/other available documents); |
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Birth certificate/passport/NRIC number; |
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Address; |
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Date of birth; and |
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Place of birth |
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The natural parents’ particulars which must be double-checked are:
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Names (the names of the natural parents should be exactly the same as in the birth certificate of the child); |
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NRIC numbers4; |
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Addresses; and |
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Nationality |
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| 2.1.5 |
It is important to state in paragraph 9 of the Statement that the applicants have been supporting the child. A common error is to state that the applicants have not been supporting the child. |
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| 2.1.6 |
If the natural father’s particulars are not stated in the child’s birth certificate, there is no necessity to include his particulars in paragraph 8(c) of the AS. However, it is still necessary to obtain his written consent to the adoptions in the prescribed form. |
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| 2.1.7 |
Once the electronic template has been filled up, the Electronic Filing System (EFS) will auto-generate the Statement. |
3. FILING THE AFFIDAVIT (See paragraph 103(4) of the PD)
| 3.1 |
Within 7 days of the filing of the OSA, the applicant(s) is required to file an affidavit which shall contain the following:- |
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A paragraph that states that “the Statement exhibited therein is the same Statement auto-generated by the EFS, and the contents entered into the EFS, and which now appear in the Statement are true and accurate”; |
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the auto-generated Statement in Form 151 labelled as the first exhibit; |
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a copy of the birth certificate and a copy of the certified translation (if the birth certificate is in a foreign language) or other means of identification of the infant; |
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the dependant’s pass of the infant (if the child is not a Singapore citizen); |
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a letter from Immigration and Checkpoints Authority (ICA) which states that it has no objection to the adoptions where the child, although born in Singapore is not a citizen of Singapore; or confirming that the department will grant an in-principle approval for an adoptions application (if the child is a citizen of a foreign country); |
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the identity card or other means of identification of the applicant(s); |
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the marriage certificate of the applicant(s), if applicable; |
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the consents of the natural parent(s) and natural grandparent(s), where applicable. The consent of every person whose consent is necessary is required to be filed in prescribed Form 152 of the Rules of Court;
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Foreign adoptions order (if applicable) (see paragraph 5.3 below);
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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);
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the grounds in support of the prayer for dispensation of consent and service of documents on the natural parent(s) and/or grandparent(s); and
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all other documents for proving the averments in the application for an adoptions order. |
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| 3.2 |
If the name of a applicant or the child in one document is different from the applicant’s or child’s name as set out in another document, the applicant must: |
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Explain the discrepancy in the Affidavit in Support of OSA 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 written5; and |
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Set out all the different names in the OSA as aliases, for example: John Tan@Tan Ah Kow@Tan AhKow@Tan Ah Kow, John@Tan Ah Kow John@ John Tan Ah Kow |
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Even a discrepancy in one letter, the appearance or absence of a comma, or a discrepancy in the spacing between the different names (e.g. Tan Ah Kow and Tan AhKow) is significant. This discrepancy must be dealt with in both the Schedule and the OSA by setting out all the variations of the name in the said documents.
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| 3.3 |
You should take note of the following: |
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Child’s dependent’s pass |
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The child’s dependent’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. |
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ii) |
A social visit pass, student’s pass, disembarkation card, or any other pass for the child will not suffice. 6 |
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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 applicants must apply to ICA for the dependent’s pass to be extended. A copy of the child’s extended Dependant’s Pass must be exhibited in an affidavit for the Court’s perusal. |
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b) |
Child with no nationality but is born in Singapore |
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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 adoptions. It will not be necessary, however, to obtain a dependent’s pass for the child.
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c) |
Foreign applicants |
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If the applicants are not Singapore citizens or permanent residents, their work permits/employment passes and/or dependent’s passes must be exhibited in the Affidavit. Ensure that the photocopies of the documents are in a light tone without dark smudges. Otherwise the documents will become illegible when scanned into the EFS. If the documents are illegible, the applicant(s) will be required to file a supplementary affidavit to exhibit clear copies of the documents.
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If one of the parties is not a Singapore citizen or permanent resident and does not have a work permit, employment pass or dependent’s pass, the Affidavit should state the basis on which that party considers himself resident in Singapore7 (for example, 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). |
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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 applicants must apply to ICA for the dependent’s pass to be extended. A copy of the child’s extended Dependant’s Pass must be exhibited in an affidavit for the Court’s perusal. |
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4. Consent
| 4.1 |
Consent of ALL the relevant persons must be obtained. If not, an 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 or grants substituted service of the said application. |
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| 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 applicants should make attempts to locate the relevant person (as set out in paragraph 6.1(b) below). Full details of the said attempts must be set out in the Affidavit. (See paragraph 103(10) of the PD) |
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| 4.3 |
Foreign adoptions orders have no legal effect in Singapore for the purpose of adoptions 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 adoptions order must be exhibited in the Affidavit in Support of OSA. |
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| 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—i.e. 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. (See paragraph 103(11) of the PD |
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| 4.5 |
The consent of the relevant persons must be in Form 152 of the Rules of Court. If it is not in the standard form, it must be obvious from a plain reading of the consent that: |
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the person consenting understands the nature and effect of the adoptions order; and |
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if the person consenting is the parent, that the effect of the adoptions order will be permanently to deprive him or her of his or her parental rights; |
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the person consenting understands the nature and effect of the adoptions order; and |
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the dependant’s pass of the infant (if the child is not a Singapore citizen); |
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if the person consenting is the parent, that the effect of the adoptions order will be permanently to deprive him or her of his or her parental rights. |
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| 4.6 |
The consent must be given in the prescribed standard form. If the consent is not in the standard form, then a prayer for dispensation of consent must be included in the OSA and the grounds for dispensation set out in the affidavit in support of the OSA. |
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| 4.7 |
The consent must be signed before a Commissioner for Oaths/Notary Public. |
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| 4.8 |
If the person signing the consent is not English-literate, 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. |
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| 4.9 |
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 (i.e. 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 (see paragraph 103(15) of the PD). 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 to apply for dispensation of the natural father’s consent (See paragraph 103(16) of the PD). |
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| 4.10 |
In the case of an abandoned child, the written consent of an authorized person of the Welfare Home / orphanage / Direct of Social Welfare is required for the adoptions. It is also necessary to serve the documents on these persons, unless an order for the dispensation of service of documents on the said persons is obtained. |
5. Service of the OSA and related documents
| 5.1 |
Personal service of the OSA 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 writs(see paragraph 12 of Practice Direction) are applicable to applications for dispensation of/substituted service in adoptions proceedings. This means that: |
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At least 2 recent attempts at personal service should be made at the last known address (if any) of the relevant person |
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If there is no response for both attempts at personal service, and the applicants are not able to establish that the relevant person is residing at a particular address (for example, by stating that the applicants 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.
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Full details of the applicants’ attempts to locate the relevant person and other details must be set out in the Affidavit (see paragraphs 12 of the PD). |
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| 5.2 |
In cases where the natural father’s identity is unknown (see paragraph 5.9 above), there is no necessity to file an application for dispensation of service of the AP and related documents on the natural father. |
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| 5.3 |
In cases where the natural parents / natural grandparents are deceased, there is no need to apply for the dispensation of their consent and service of documents on them. |
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| 5.4 |
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.
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6. Filing of child’s birth certificate
| 6.1 |
The original birth certificate and the original translation of the birth certificate (if any) of the infant shall be submitted to the Adoptions Counter of the Family Registry at least 7 clear days prior to the hearing of the prayer for the appointment of the guardian in adoptions. The said documents are to be sent under the cover of a letter in the prescribed format in Form 38 of Appendix B of the Rules of Court (see paragraph 103(12) of the PD). |
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| 6.2 |
If the child does not have an original birth certificate, the applicant(s) has to explain in an affidavit why this is so and why they are unable to obtain a certified true copy of the same. |
7. Filing the consent of the Guardian in Adoptions (“GIA”)
You are required to file the written consent of the GIA into court at least 7 clear days prior to the hearing date of the prayer for the appointment of the guardian in Adoptions (see paragraph 103(13) of the PD) .
8. Filing of the Notice of Final Hearing and the affidavit of the GIA
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Once the applicant(s) counsel receives the affidavit from the GIA, he shall file the Notice of Final Hearing (form 155 of the ROC) and the affidavit in Court. A hearing date will be given within 2 weeks of the filing of the said Notice. |
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| 8.2 |
Before the hearing date, check that the child’s Dependant’s Pass (if any) is still valid. If the pass has expired, the applicant(s) is required to file an affidavit exhibiting the renewed Dependant’s Pass. |
9. Amendments
| 9.1 |
Amendment of OSA (see paragraph 103(5) of the PD) . |
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| 9.1.1 |
The Applicant(s) is required to file a summons supported by affidavit to amend the OSA. The summons will be fixed for hearing within 4 weeks of the filing of the summons. |
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| 9.1.2 |
If the application is granted by the court, the amended OSA must be filed within 14 days, or you will have to apply for an extension of time to file the amended document8. You do not need to extract the order granting leave to amend9. |
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| 9.2 |
Amendment of AS (see paragraph 103(6) of the PD) . |
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| 9.2.1 |
Leave is not required to amend the AS as it is not a pleading. |
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| 9.2.2 |
The AS may be amended by changing the information in the appropriate electronic template. EFS will then auto-generate the amended Statement. |
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| 9.2.3 |
Within 7 days of amending the AS, the applicant(s) shall file an affidavit exhibiting the amended Statement, stating that “the amended Statement exhibited therein is the same Statement generated by the EFS, and the contents entered into the EFS, and which now appear in the amended Statement are true and accurate”. The affidavit shall also state the grounds for the amendment and exhibit the auto-generated AS and all documents necessary for proving the averments in the affidavit. The affidavit and the amended AS shall be served on the GIA within 7 days of filing of the affidavit (see paragraph 103(13) of the PD). |
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| 9.2.4 |
Within 3 days of the amendment of the AS, you are required to give notice of such amendments by way of Form 37 of Appendix B of the Subordinate Courts Practice Directions. This is to ensure that any change in critical information e.g. that the natural parent(s) had revoked his consent, is communicated to the Court, which may then take the appropriate action, like directing the Director of Social Welfare to look into the issue of revocation of the natural parent(s) consent. |
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| 9.3 |
Amendment of Adoptions Order and Schedule |
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| 9.3.1 |
The Applicant(s) is required to file a summons supported by affidavit to amend the Adoptions Order and/or Schedule to the Adoptions Order. The summons will be fixed for hearing within 4 weeks of the filing of the summons. |
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| 9.3.2 |
The Court may allow the amendments if the errors come within Order 20 Rule 11 of the ROC. This is because once an adoptions order is made, the Court is functus officio. (retains no legal authority because its duties and functions have been completed) |
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| 9.3.3 |
The Applicant(s) is required to file an amended Adoptions Order and Schedule within 14 days, once leave to amend is granted. Please take note of ePractice Direction 2 of 2006 which deals with amendments of originating processes, pleadings and documents. |
10. Reading Materials
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