Singapore legislation

Section 39

of Widows’ and Orphans’ Pension Act 1904

Section 39

Adopted children

(1)

A child adopted by a contributor while he is married to any wife shall, for the purpose of this Act, be deemed to be the child of the contributor by that marriage if —

(a)

the contributor adopted the child before he retired from the public service;

(b)

the contributor was under the age of 55 years at the date of adoption; and

(c)

the adoption is registered under the Adoption of Children Act 1939 or is valid according to the law of the place of domicile of the contributor at the date of the adoption or is valid under any written law corresponding to that Act, of the place where the contributor was resident at the date of the adoption.

(2)

The child of a contributor who has been adopted by any other person in circumstances in which if the adoption had been made by a contributor it would have been valid in accordance with subsection (1)(c) shall not be entitled to receive a pension under this Act unless the contributor so elects by notice in writing given to the Directors within 12 months of the date of the adoption or within 12 months of 1 September 1958, whichever is the later, or within such extended period as the Directors may in any particular case allow.

(3)

Nothing in this section shall entitle an adopted child —

(a)

to receive a pension or any share of a pension where the receipt by him of such pension or such share would diminish the pension or share which the widow or any child or children by marriage of any contributor may be entitled to receive on 31 May 1958; or

(b)

to receive a pension or any share of a pension in respect of more than one contributor.