Singapore legislation
Section 12AC
Section 12AC
Eligibility criteria for adoption leave and benefits
(1)
A female employee who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to adoption leave and payment under section 12AA, and a self-employed woman who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to payment under section 12AB, if —
the eligibility date of the application is on or after 1 January 2017;
in the case of a female employee, she has served her employer for a period of at least 3 months preceding the eligibility date of the application;
in the case of a self-employed woman, she has been carrying on her trade, business, profession or vocation for a continuous period of at least 3 months preceding the eligibility date of the application;
the child is below 12 months of age on the eligibility date of the application;
where the child is not a citizen of Singapore on the date the application is made, and a dependant’s pass in respect of the child has been issued —
if the application is made in the sole name of the female employee or self‑employed woman — the female employee or self‑employed woman (as the case may be) is a citizen of Singapore on the date the dependant’s pass is issued; or
if the application is made in the joint names of the female employee or self‑employed woman and of her husband — either the female employee or self‑employed woman (as the case may be) or her husband is a citizen of Singapore on the date the dependant’s pass is issued; and
the female employee or self-employed woman is not the natural mother of the child.
(2)
A woman who applies to adopt a child in accordance with any written law relating to the adoption of children is entitled to adoption benefits under section 12A, if —
the eligibility date of the application to adopt the child is on or after 1 January 2021;
for at least 90 days in total during the period of 12 months immediately before the eligibility date of the application to adopt the child, she has been employed by one or more employers, self‑employed or both (whether in Singapore or outside Singapore);
in the case of a woman who has been employed outside Singapore or self‑employed outside Singapore, she —
is resident in Singapore, and is no longer employed outside Singapore or self‑employed outside Singapore (as the case may be), on the eligibility date of the application to adopt the child; and
opts to do either or both of the following:
use any period during the 12 months immediately before the eligibility date of the application to adopt the child when she was employed outside Singapore, or was self‑employed outside Singapore, to satisfy the requirement in paragraph (b);
use her income during any period mentioned in sub‑paragraph (A) to calculate her total income for the purposes of section 12A(2);
the child is below 12 months of age on the eligibility date of the application to adopt the child;
in the case of a child who is not a citizen of Singapore on the date the application to adopt the child is made, and for whom a dependant’s pass has been issued —
if the application is made in the sole name of the woman — the woman is a citizen of Singapore on the date the dependant’s pass is issued; or
if the application is made in the joint names of the woman and her husband — either the woman or her husband (as the case may be) is a citizen of Singapore on the date the dependant’s pass is issued; and
the woman is not the natural mother of the child.
(3)
Section 9A(2A) applies for the purposes of reckoning the number of days under subsection (2)(b) in which a woman has been employed or self‑employed, with the following modifications:
the reference to the day of a woman’s confinement in section 9A(2A)(a) is a reference to the eligibility date of the application to adopt the child;
every reference in section 9A(2A) to a woman’s employment or self‑employment is a reference to the employment or self‑employment (as the case may be) of the woman mentioned in subsection (2).