Adoption of Children Act 2022 - Singapore Statutes Online

Division 3 — Adoption suitability assessments

Requirement for favourable ASA

14.—(1) A favourable ASA is —

(a)	in the case of a joint adoption application — an ASA issued by an authorised adoption agency to the applicants jointly and containing an assessment by the agency that the applicants are suitable to adopt a child, whether unequivocally or subject to the resolution of any one or more issues contained in the ASA; or
(b)	in the case of a sole adoption application — an ASA issued by an authorised adoption agency to the applicant containing an assessment by the agency that the applicant is suitable to adopt a child, whether unequivocally or subject to the resolution of any one or more issues contained in the ASA.

(2) No application for an ASA may be made by any individual (whether jointly with his or her spouse or solely) unless he or she has —

(a)	resided in Singapore for a continuous period of at least one year immediately preceding the date of the making of the application for the ASA; and
(b)	attended a pre-adoption briefing described in section 12.

(3) A valid ASA is an ASA —

(a)	that is issued in the form specified by the Guardian‑in‑Adoption for the purposes of this subsection;
(b)	that contains all the information specified by the Guardian‑in‑Adoption for the purposes of this subsection; and
(c)	the validity period (as determined according to section 20) for which has not been exceeded.

(4) An authorised adoption agency that issues an ASA must submit a copy of the ASA to the Guardian‑in‑Adoption on the day that the ASA is issued.

Variation or revocation of ASA

15.—(1) An authorised adoption agency that issued an ASA may, upon an application by the applicants or applicant (as the case may be) issued with the ASA, or on its own motion, vary or revoke the ASA if —

(a)	no adoption application has been made on the basis of the ASA; and
(b)	any of the conditions in subsection (3) is met.

(2) If no adoption application has been made on the basis of an ASA, the Guardian‑in‑Adoption may on his or her own motion —

(a)

vary or revoke the ASA if —

(i)	any of the conditions in subsection (3) is met; or
(ii)	the Guardian-in-Adoption disagrees with the assessment of the authorised adoption agency that issued the ASA; or

(b)

direct the authorised adoption agency that issued the ASA to vary or revoke the ASA if —

(i)	any of the conditions in subsection (3) is met; or
(ii)	the Guardian‑in‑Adoption disagrees with the assessment of the authorised adoption agency.

(3) The conditions mentioned in subsections (1) and (2) are as follows:

(a)	either or both of the applicants or the applicant (as the case may be) to whom the ASA was issued had made a false or misleading representation or provided any false or misleading information to the authorised adoption agency before the ASA was issued;
(b)	any fact or information that would have made a material impact on the assessment by the authorised adoption agency, and that was not disclosed or made known to the agency before the ASA was issued, is now disclosed or made known to the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be;
(c)	the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) has reason to believe that there has been a material change in the circumstances of either or both of the applicants or the applicant (as the case may be) issued with the ASA.

(4) In subsection (3)(c), a reference to a material change in circumstances is a reference to any change in circumstances that may be prescribed by the regulations, being a change that affects or is likely to affect the suitability of the applicants or applicant (as the case may be) to adopt a child.

(5) When an ASA is varied under this section, the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) may extend the validity of the ASA for a period specified by the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be.

(6) The applicants or applicant concerned must be notified of a variation or revocation of, or a refusal to vary or revoke, an ASA under this section and the reasons for the variation, revocation or refusal.

Application under section 15 by surviving applicant

16. Where an ASA was issued to joint applicants of whom one subsequently dies —

(a)	an application for a variation or revocation of the ASA under section 15(1) may be made by the surviving applicant; and
(b)	the power to vary an ASA under section 15(1) or (2)(a) or to direct the variation of an ASA under section 15(2)(b) includes the power to vary or to direct the variation of an ASA from one issued jointly to the applicants to one issued solely to the surviving applicant.

Appeal to Guardian-in-Adoption

17.—(1) Where the applicants or applicant to whom an ASA is issued are or is aggrieved by —

(a)	the assessment of an authorised adoption agency in the ASA;
(b)	the variation or revocation of the ASA under section 15(1); or
(c)	the refusal of the authorised adoption agency that issued the ASA to vary or revoke the ASA upon an application for a variation or revocation of the ASA under section 15(1),

the applicants (each called in this section a joint appellant) or applicant (called in this section the appellant) may appeal to the Guardian‑in‑Adoption in accordance with this section against the assessment, variation, revocation or refusal.

(2) An appeal under this section may be made only on one or more of the following grounds:

(a)

the assessment of the authorised adoption agency in the ASA or the decision of the authorised adoption agency to vary or revoke the ASA or to refuse to vary or revoke the ASA (as the case may be) was —

(i)	based on a material error of fact; or
(ii)	irrational;

(b)

the authorised adoption agency took into account irrelevant facts or information, or failed to take into account relevant facts or information, in making the assessment in the ASA or the decision to vary or revoke the ASA or to refuse to vary or revoke the ASA, as the case may be.

(3) An appeal under this section must —

(a)

be in writing;

(b)

specify the name and address of each joint appellant or the appellant, as the case may be;

(c)

contain a concise statement of the circumstances under which the appeal arises, each ground of the appeal and the facts and issues in the appeal;

(d)

be supported by the relevant information or documents in relation to each ground of the appeal; and

(e)

be made within —

(i)	in the case of an appeal against the assessment in an ASA — 14 days after the ASA was issued;
(ii)	in the case of an appeal against the variation or revocation of an ASA or the refusal to vary or revoke an ASA — 14 days after the joint appellants or the appellant were or was notified of the variation, revocation or refusal, as the case may be; or
(iii)	in any case — any longer period that the Guardian‑in‑Adoption may allow in the particular case.

(4) The Guardian-in-Adoption may require the joint appellants or the appellant (as the case may be) to provide the Guardian‑in‑Adoption with the information or documents necessary for determining the appeal; and the joint appellants or the appellant (as the case may be) must provide the information or documents in the manner and within the period specified by the Guardian‑in‑Adoption.

(5) The Guardian-in-Adoption may decline to consider an appeal under this section if —

(a)	any requirement in subsection (3) or (4) is not satisfied or complied with; or
(b)	an appeal was previously made under this section in relation to the same ASA on the same ground or grounds and on the same facts.

(6) Upon considering an appeal under this section, the Guardian‑in‑Adoption may do any or more of the following:

(a)	confirm, vary or reverse the whole or any part of the assessment, variation, revocation or refusal by the authorised adoption agency concerned;
(b)	vary or revoke the ASA concerned;
(c)	extend the validity of the ASA concerned for any period specified by the Guardian‑in‑Adoption.

(7) The joint appellants or the appellant concerned must be notified of the Guardian‑in‑Adoption’s decision under subsection (6)(a) or (b) and the reasons for the decision.

(8) An appeal under this section does not affect the validity of any assessment, variation, revocation or refusal to vary or revoke by an authorised adoption agency, or prevent the taking of any action to implement the assessment, variation, revocation or refusal, unless directed by the Guardian‑in‑Adoption in any particular case.

Appeal under section 17 by surviving applicant

18. Where an ASA was issued to joint applicants of whom one subsequently dies —

(a)	an appeal under section 17 may be made by the surviving applicant; and
(b)	the power under section 17(6)(b) to vary an ASA includes the power to vary an ASA from one issued jointly to the applicants to one issued solely to the surviving applicant.

Powers to direct and request assessments, etc., for purposes of ASA

19.—(1) The powers set out in subsection (2) may be exercised by the following persons for the corresponding purposes:

(a)	an authorised adoption agency — for the purpose of preparing an ASA or deciding whether to vary or revoke an ASA;
(b)	the Guardian-in-Adoption — for the purpose of deciding whether to vary or revoke an ASA or to direct an authorised adoption agency to vary or revoke an ASA.

(2) The powers mentioned in subsection (1) are as follows:

(a)

to direct any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —

(i)	to undergo any medical, psychiatric or psychological assessment, or any other assessment, that is in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or
(ii)	to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(b)

to request any relative or member of the household of any joint applicant or the sole applicant (as the case may be) for or issued with the ASA —

(i)	to undergo any medical, psychiatric or psychological assessment, or any other assessment that is, in the view of the authorised adoption agency or Guardian‑in‑Adoption (as the case may be), relevant to a purpose mentioned in subsection (1)(a) or (b); or
(ii)	to provide any document or information that the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) considers relevant to a purpose mentioned in subsection (1)(a) or (b);

(c)

where the authorised adoption agency or Guardian‑in‑Adoption (as the case may be) has reason to believe that a particular person can provide any information or document that is relevant to a purpose mentioned in subsection (1)(a) or (b) (as the case may be) — to request that person to provide the information or document.

(3) Where any joint applicant or the sole applicant for or issued with an ASA fails to comply with any direction given by an authorised adoption agency under subsection (2)(a) for a purpose mentioned in subsection (1)(a), the authorised adoption agency may —

(a)

draw any adverse inference against the joint applicants or sole applicant when preparing the ASA or deciding whether to vary or revoke the ASA, as the case may be; or

(b)

solely on the basis of the failure —

(i)	issue an unfavourable ASA;
(ii)	in a case where the ASA is favourable at the time of issue — vary or revoke the ASA; or
(iii)	in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA.

(4) Where any joint applicant or the sole applicant (as the case may be) issued with an ASA fails to comply with any direction given by the Guardian‑in‑Adoption under subsection (2)(a) for a purpose mentioned in subsection (1)(b), the Guardian‑in‑Adoption may —

(a)

draw any adverse inference against the joint applicants or sole applicant (as the case may be) when deciding whether to vary or revoke the ASA or whether to direct the authorised adoption agency to vary or revoke the ASA; or

(b)

solely on the basis of the failure —

(i)	in a case where the ASA is favourable at the time of issue — vary or revoke the ASA or direct the authorised adoption agency to vary or revoke the ASA; or
(ii)	in a case where the ASA is unfavourable at the time of issue — decline to vary the ASA or to direct the authorised adoption agency to vary the ASA.

(5) An authorised adoption agency and the Guardian‑in‑Adoption are not personally liable, and the Government is not liable, for —

(a)	the cost of any assessment directed or requested under subsection (2); or
(b)	the cost of obtaining or providing any report of any assessment directed or requested under subsection (2).

(6) An individual cannot rely on —

(a)	the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or
(b)	any rule of law relating to legal professional privilege or any other privilege, or the public interest,

to refuse to provide any information or document directed to be provided under subsection (2)(a)(ii).

(7) For the purposes of this section, an unfavourable ASA is an ASA that is not a favourable ASA according to section 14(1).

Validity period of ASA

20.—(1) Subject to this section, an ASA is valid for a period of 2 years starting on the date that it is issued.

(2) Where the validity of an ASA is extended under section 15(5) or 17(6)(c), the ASA is valid till the end of the period by which it is so extended.

(3) Despite anything in this Division —

(a)	the Guardian-in-Adoption may by notice to any person issued with an ASA, extend the validity of the ASA for the period and from the date specified by the Guardian‑in‑Adoption in the notice; and
(b)	upon the extension, the ASA is valid till the end of the period by which it is so extended.

Regulations relating to ASA

21. Regulations made under section 75 may provide for all or any of the following matters relating to an ASA:

(a)	the form and manner of an application for an ASA;
(b)	the information and documents to accompany an application for an ASA;
(c)	the form of an ASA and the information that must be included in an ASA;
(d)	the procedure for a variation or revocation of an ASA;
(e)	the procedure for an appeal to the Guardian‑in‑Adoption under section 17.

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