Singapore legislation
Section 12A
Section 12A
Adoption benefits for eligible adoptive mothers
(1)
This section applies to a woman who satisfies the requirements of section 12AC(2) (called in this section an eligible adoptive mother).
(2)
Unless disqualified under subsection (5), an eligible adoptive mother is entitled to claim from the Government —
if the making of her application to adopt a child, or the issue of the dependant’s pass in respect of a child, is her first or second specified event — an amount equivalent to 56 days of her total income during such period before the eligibility date of the application as may be prescribed; or
if the making of her application to adopt a child, or the issue of the dependant’s pass in respect of a child, is her third or subsequent specified event — an amount equivalent to 84 days of her total income during such period before the eligibility date of the application as may be prescribed.
(3)
An eligible adoptive mother’s entitlement under subsection (2) —
is an amount that does not exceed $10,000 for every 28 days; and
is to be reduced in accordance with any regulations made under section 20, if any of the conditions in subsection (4) applies in relation to her.
(4)
The conditions mentioned in subsection (3)(b) are the following:
the employer of the eligible adoptive mother —
has paid or is required to pay her any amount in respect of her adoption of the child; and
is entitled to claim, or has claimed, reimbursement from the Government for such payment under section 12AD (whether or not pursuant to an exemption under section 22);
where the eligible adoptive mother has made an election under section 12E(5) for the adoptive father of the child to take shared parental leave or claim lost income in respect of the child —
the father’s employer —
has paid or is required to pay the father an amount under section 12E(2) for shared parental leave in respect of the child; and
is entitled to claim reimbursement from the Government for such payment under section 12G (whether or not pursuant to an exemption under section 22); or
the father is entitled to claim his lost income under section 12E(3), in respect of the child, for ceasing to be actively engaged in his trade, business, profession or vocation (whether or not pursuant to an exemption under section 22);
the employment of the eligible adoptive mother is terminated upon completion of her contract of service, and she failed to exercise any part of her entitlement under this Act to be absent from work before the date of completion of her contract.
(5)
Except as provided in subsections (6) and (7), an eligible adoptive mother is not entitled to claim any payment from the Government under subsection (2) if —
she is also a female employee who is entitled to absent herself from work and to receive payment from her employer under section 12AA, in respect of the same adoption, regardless of whether she has ceased to be entitled to any adoption leave and any payment in lieu of that leave under section 12AA(2); or
she is also a self‑employed woman who is entitled to claim from the Government her lost income under section 12AB in respect of the same adoption.
(6)
Subsection (5) and section 12M do not disqualify an eligible adoptive mother from claiming payment from the Government under subsection (2) in respect of any period when she is on leave of absence without pay granted by her employer at her request, if the leave is for a continuous period ending at least 12 months after the date of birth of the adopted child.
(7)
Subsection (5) and section 12AA(2)(a) do not disqualify an eligible adoptive mother from claiming payment from the Government under subsection (2), if she would have been entitled to absent herself from work and to receive payment from her employer under section 12AA, had her employment not been terminated by reason of one of the following:
upon the completion of her contract of service;
on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work.
(8)
Section 9(7) and (8) applies to the meaning of the total income of an eligible adoptive mother under subsection (2), with the following modifications:
every reference in section 9(7) and (8) to a period prescribed for the purposes of section 9(5A) is a reference to a period prescribed for the purposes of subsection (2);
every reference in section 9(7) and (8) to a woman’s employment or self‑employment, or both, is a reference to an eligible adoptive mother’s employment or self‑employment, or both.
(9)
The amount of payment mentioned in subsection (3)(a) is inclusive of any contribution to the Central Provident Fund which a female employee or a self‑employed woman is liable to make under the Central Provident Fund Act 1953.
(10)
Nothing in this section affects any other benefits that a female employee is entitled to, in respect of her adoption of a child, under the terms of her contract of service or under any written law.