PART 6 REGULATION OF ADOPTION PRACTICES
AND PROCESSES |
| Extra-territorial application of this Part |
50.—(1) Unless otherwise provided, the provisions of this Part have effect, in relation to any person, whatever the person’s nationality or citizenship, outside as well as within Singapore.| (2) Where an offence under this Part is committed by any person in any place outside Singapore, the person may be dealt with as if the offence had been committed within Singapore. |
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| Restriction on publication or broadcast of information or pictures of children for adoption, etc. |
51.—(1) This section applies to the publication or broadcast of any information or picture that identifies a child, or is likely to lead to the identification of a child, where —| (a) | the child is in Singapore; | | (b) | the intended audience or recipients of the information or picture is or are predominantly in Singapore; or | | (c) | the publication or broadcast is by an adoption agency. |
(2) Except with the prior approval of the Guardian‑in‑Adoption, a person must not, in the course of doing any of the following, publish or broadcast any information or picture that identifies any child or is likely to lead to the identification of any child:| (a) | communicating that a relevant person of a child desires to cause the child to be adopted; | | (b) | advertising or promoting any service of making arrangements for or on behalf of another person for the adoption of a child by that other person; | | (c) | making arrangements for or on behalf of another person for the adoption of a child by that other person. |
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(3) Subsection (2) does not apply in relation to any information or picture broadcast by a person (A) to any other person (B) who has communicated to A that B desires to adopt a child if the information or picture —| (a) | is broadcast upon B’s request; and | | (b) | is broadcast through such means and with such safeguards as to cause the information or picture to be accessible only by B (and any other person in B’s position). |
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| (4) If subsection (3) applies and B publishes or broadcasts the information or picture broadcast by A, B shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. |
(5) If any information or picture is published or broadcast in contravention of subsection (2) —| (a) | in the case of the publication of any information or picture as part of a newspaper or periodical publication — every proprietor, editor, publisher or distributor of the newspaper or periodical publication; | | (b) | in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication — every person who publishes or distributes it; or | | (c) | in the case of the broadcast of any information or picture —| (i) | every person who broadcasts the information or picture; | | (ii) | every person who transmits or provides the programme in which the information or picture is broadcast; and | | (iii) | every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, |
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| shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. |
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(6) The court may, in addition to any punishment mentioned in subsection (4) or (5), order a person to do any one or more of the following:| (a) | remove the publication or stop the broadcast, of any information or picture that is in contravention of subsection (2) or (4); | | (b) | remove the programme in which the information or picture that is broadcast in contravention of subsection (2) or (4) is broadcast; | | (c) | delete the information or picture that is published or broadcast in contravention of subsection (2) or (4); | | (d) | take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (2) or (4) is no longer available on or through the Internet. |
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| Order to remove publication or broadcast in contravention of section 51 |
52.—(1) A court may, on the application of any person, order a person to do any or more of the following:| (a) | remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 51(2) or (4); | | (b) | remove the programme in which the information or picture that is broadcast in contravention of section 51(2) or (4) is broadcast; | | (c) | delete the information or picture that is published or broadcast in contravention of section 51(2) or (4); | | (d) | take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 51(2) or (4) is no longer available on or through the Internet. |
(2) The court may make an order under subsection (1) even if —| (a) | the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or | | (b) | when the application has been served on the respondent — the respondent does not appear at the hearing of the application, |
| if the court is satisfied, on a balance of probabilities, that the order is necessary for the welfare of the child concerned. |
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(3) To avoid doubt, the court may make an order under subsection (1) —| (a) | regardless of whether the respondent or any other person has been convicted of an offence under section 51(4) or (5) in relation to the information or picture mentioned in subsection (1); and | | (b) | regardless of whether the information or picture mentioned in subsection (1) is published or broadcast before, on or after the date of commencement of this section. |
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| Restricted payments to be sanctioned by court |
53.—(1) This section applies to any payment or other reward in consideration of the adoption of a child or for any adoption‑related service, that before, on or after the date of commencement of this section was or is —| (a) | made or given directly or indirectly through one or more intermediaries, or agreed to be made or given directly or indirectly through one or more intermediaries, by the joint applicants (or either of them) or sole applicant of an adoption application to any person; or | | (b) | received directly or indirectly through one or more intermediaries, or agreed to be received directly or indirectly through one or more intermediaries, by the joint applicants (or either of them) or sole applicant of an adoption application from any person, |
| regardless of whether the adoption application has been made by the joint applicants or sole applicant (as the case may be) at the time that the payment or reward was made, given or received or agreed to be made, given or received. |
(2) Every payment or other reward to which subsection (1) applies, and every agreement for such payment or other reward, is void and unenforceable unless —| (a) | the payment, reward or agreement is sanctioned by the court; or | | (b) | the adoption application in question is withdrawn or struck out. |
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| (3) An application for the sanction of the court mentioned in subsection (2)(a) must be made by the joint applicants or sole applicant (as the case may be) at the time that the adoption application is made. |
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| Publication of amounts to be paid to or through adoption agencies, etc. |
54.—(1) Every adoption agency must make publicly available a list of the following information on payments or other rewards to be made or given by any person to or through the adoption agency:| (a) | the amount of every payment in consideration of the adoption of a child or for an adoption‑related service; | | (b) | the nature of every reward (other than a payment) to be given in consideration of the adoption of a child or for an adoption‑related service; | | (c) | a reasonable estimate of the monetary value of every reward (if quantifiable) mentioned in paragraph (b). |
| (2) An adoption agency must list the information required under subsection (1) in the prescribed format and in the prescribed itemised components. |
| (3) An adoption agency must not require a person to make or give any payment or other reward in consideration of an adoption or for any adoption‑related service (whether to the adoption agency or another person) that is not listed at the relevant time by the adoption agency as required under subsection (1). |
(4) Any adoption agency which, without reasonable excuse, contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| (5) An adoption agency commits an offence under subsection (4) regardless of whether the court has sanctioned the payment or other reward under section 53. |
| (6) In this section, “relevant time”, in relation to a payment or other reward, means the time at which the contract (whether express or implied) under which the payment or reward is to be made or given is entered into. |
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| Prohibition against payments and rewards for non-permitted purposes |
55.—(1) A person must not (directly or indirectly through one or more intermediaries) make, give, receive or agree to make, give or receive any payment or other reward in consideration of an adoption in Singapore of a child or for any adoption‑related service in connection with the adoption or proposed adoption of a child, unless the payment or other reward is permitted under subsection (2) or approved by the Guardian‑in‑Adoption in any particular case.(2) The following payments and rewards are permitted for the purposes of this section:| (a) | any payment to an authorised adoption agency for any one or more of the following adoption‑related services:| (i) | the conduct of a pre‑adoption briefing described in section 12; | | (ii) | the conduct of a disclosure of adoptive status briefing described in section 13; | | (iii) | the conduct of any assessment by the authorised adoption agency for the purposes of preparing an ASA; |
| | (b) | any payment to defray —| (i) | any cost related to the necessary care of a biological mother and her child provided in connection with, and before or after, the delivery of the child; | | (ii) | any medical expenses incurred for the delivery of the child; | | (iii) | the cost of satisfying the subsistence needs of the child, including any medical expenses incurred for medical services rendered to the child; | | (iv) | the cost of any caregiver engaged to care for the child; | | (v) | the cost of any medical assessment of any of the following persons:| (A) | any person who desires to adopt a child; | | (B) | any biological parent of the child; | | (C) | the child; |
| | (vi) | any traveling expenses or cost of accommodation incurred for the transfer of the physical custody of the child to a person who desires to adopt a child; or | | (vii) | any administration, legal or application fees incurred (whether in or outside Singapore) in the course of obtaining immigration facilities, registering or re‑registering the child’s birth or obtaining an adoption order (whether in or outside Singapore) in respect of the child; |
| | (c) | any other payment or other reward that may be prescribed by the regulations. |
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(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. |
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| Use of fraud, duress, undue influence or other improper means to obtain consent to adoption, etc. |
56.—(1) A person must not, whether or not an adoption application in respect of a child has been made, do any thing fraudulently to induce, or use any duress, undue influence or other improper means with the knowledge that it will induce or is likely to induce, any of the following:| (a) | the agreement of a relevant person of a child to offer or refrain from offering the child for adoption in Singapore; | | (b) | the transfer of the physical custody of a child, or the custody or care and control of a child, with a view to the child’s adoption in Singapore; | | (c) | the consent of a relevant person of a child required under section 26 or the revocation of the consent. |
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. |
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| (3) Where any consent of a relevant person of a child is obtained in contravention of subsection (1)(c) (whether or not any person has been convicted of an offence under subsection (2) in relation to the consent), the court may make a declaration that the consent is void. |
| (4) Nothing in subsection (3) affects the validity of any adoption order or interim order that has been made before the court makes a declaration mentioned in that subsection. |
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| Restriction on placement of child, etc. |
57.—(1) Unless the requirements in subsection (3) are met, a potential adopter must not —| (a) | reside with a child for whom an adoptive parent is being sought; or | | (b) | spend any amount of time with a child for whom an adoptive parent is being sought for the purpose of considering whether to adopt the child. |
(2) An adoption agency, a relevant person of a child for whom an adoptive parent is being sought, any employee or contractor of an adoption agency, or any person assisting a relevant person to care for the child, must not transfer the physical custody of the child to a potential adopter who does not meet the requirements in subsection (3), for the purpose of enabling the potential adopter to —| (a) | reside with the child; or | | (b) | spend any amount of time with the child for the purpose of considering whether to adopt the child. |
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(3) For the purposes of subsections (1) and (2), the requirements are as follows:| (a) | in a case where the child is a citizen or permanent resident of Singapore — the potential adopter holds a valid and favourable ASA described in section 14; | | (b) | in any other case —| (i) | the potential adopter holds a valid and favourable ASA described in section 14; and | | (ii) | either —| (A) | the child is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or | | (B) | an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (A) has been granted by the Controller of Immigration in respect of the child. |
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(4) Subsections (1) and (2) do not apply —| (a) | where the potential adopter or the spouse of the potential adopter and the child are within the prohibited degrees of consanguinity; | | (b) | where the child is a stepson or stepdaughter of the potential adopter; | | (c) | where the potential adopter is a care‑giver to whom the child is committed under a voluntary care agreement under the Children and Young Persons Act 1993 or any order under section 54(1)(b) or 56(2)(a), or section 56(2)(a) as applied by section 57, of that Act; | | (d) | in any other circumstances as may be prescribed by the regulations; or | | (e) | in any particular case permitted by the Guardian‑in‑Adoption. |
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(5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. |
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| (6) Where a potential adopter is residing with a child for whom an adoptive parent is being sought, the requirements in subsection (3) are not met and the exceptions in subsection (4) do not apply, the court may, upon the application of the Guardian‑in‑Adoption, order the potential adopter to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court. |
| (7) To avoid doubt, the court may make an order in relation to a child under subsection (6) regardless of whether any person has been convicted of any offence under subsection (5) in relation to the child. |
| (8) For the purposes of enforcing an order under subsection (6), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection. |
| (9) Where an order under subsection (6) is made, the court may also make any additional order as the court deems fit to facilitate the change in the physical custody of the child. |
(10) Any person who, without reasonable excuse, fails to comply with an order under subsection (6) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both. |
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(11) In this section and section 58 —| “care-giver”, in relation to a child for whom an adoptive parent is being sought, has the meaning in relation to a child or young person given by section 2(1) of the Children and Young Persons Act 1993; |
“potential adopter” means any individual who desires to adopt a child and has —| (a) | attended a pre‑adoption briefing described in section 12; | | (b) | made an application to an authorised adoption agency for an ASA; | | (c) | communicated to an adoption agency that the individual desires to adopt a child; | | (d) | communicated to a relevant person of a child that the individual desires to adopt the child; | | (e) | made an application for a dependant’s pass to be issued by the Controller of Immigration for the purposes of adoption; or | | (f) | made an adoption application. |
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| Non-application of section 57 to transitional cases |
58. Without affecting section 57(4), nothing in section 57 applies where —| (a) | the potential adopter is residing with the child in question before the date of commencement of this section; | | (b) | the potential adopter starts spending any amount of time with the child in question for the purpose of considering whether to adopt the child, before the date of commencement of this section; | | (c) | the potential adopter has made an adoption application under the repealed Act in respect of the child in question; or | | (d) | the potential adopter holds (whether jointly with his or her spouse or solely) a valid and favourable HSR; and| (i) | the child in question is a citizen or permanent resident of Singapore; | | (ii) | the child in question is authorised or permitted to remain in Singapore by virtue of a dependant’s pass issued by the Controller of Immigration for the purposes of adoption upon an application by the potential adopter; or | | (iii) | an in‑principle approval of an application by the potential adopter for the pass mentioned in sub‑paragraph (ii) has been granted by the Controller of Immigration in respect of the child in question. |
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| Offence of providing false information, etc., in connection with ASA or Guardian-in-Adoption’s affidavit |
59.—(1) If —| (a) | a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to —| (i) | the Guardian-in-Adoption —| (A) | in connection with the discharge of the functions or duties, or the exercise of the powers, of the Guardian‑in‑Adoption under section 15, 17, 19, 27 or 29; | | (B) | pursuant to a duty imposed on that person under section 22(2) or 30 to notify the Guardian‑in‑Adoption of a material change in circumstances; or | | (C) | pursuant to an order of the court under section 34(1); or |
| | (ii) | an authorised adoption agency —| (A) | in connection with the discharge of the functions or duties, or the exercise of the powers, of the authorised adoption agency under section 14, 15, 19 or 29; or | | (B) | pursuant to a duty imposed on that person under section 22(1) or (2) to notify the authorised adoption agency of a material change in circumstances; and |
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| | (b) | the document, statement or information is false or misleading, or the document, statement or information omits a matter or thing without which the document, statement or information (as the case may be) is false or misleading, |
| the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the document, statement or information did not omit any matter or thing without which the document, statement or information (as the case may be) is false or misleading in a material particular. |
| (3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person has taken all reasonable steps to ensure the authenticity or accuracy of the document, statement or information. |
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| Duty to report offences to Guardian-in-Adoption |
60.—(1) Any of the following persons who knows or has reason to suspect that an offence under this Part (except this section) or section 43, 48 or 65 has been committed in connection with the adoption or proposed adoption of a child, must report to the Guardian‑in‑Adoption or an authorised officer as soon as practicable the facts and circumstances on which the person’s knowledge or suspicion is based:| (a) | an adoption agency or any employee or contractor of an adoption agency; | | (b) | a relevant person of the child; | | (c) | an advocate or solicitor who is acting for any person in relation to an adoption application in respect of the child; | | (d) | any employee of the advocate or solicitor mentioned in paragraph (c) or of a law corporation, law firm or limited liability law partnership who is assisting the advocate or solicitor in the matter mentioned in that paragraph. |
(2) A person who has engaged the services of an adoption agency for the proposed adoption of any child and who knows or has reason to suspect that an offence under this Part (except this section) or section 43, 48 or 65 has been committed —| (a) | by the adoption agency or any employee or contractor of the adoption agency; or | | (b) | in connection with the child that the person desires to adopt, |
| must report to the Guardian-in-Adoption or an authorised officer as soon as practicable the facts and circumstances on which the person’s knowledge or suspicion is based. |
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(3) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; or | | (b) | in the case of a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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(4) In proceedings against an individual for an offence under subsection (3), it is not a defence for the individual to 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. |
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| (5) However, any information in a report made by an individual under subsection (1) or (2) is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 59(1) or 65(1) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual. |
| (6) In this section, “advocate and solicitor”, “law corporation”, “law firm” and “limited liability law partnership” have the meanings given by section 2(1) of the Legal Profession Act 1966. |
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