Adoption of Children Act 2022 · Updated to 15 Oct 2024 · Part 2 · Pre-Adoption Application Requirements
17. Appeal to Guardian-in-Adoption
Official textFrom Singapore Statutes Online, unchanged
Where the applicants or applicant to whom an ASA is issued are or is aggrieved by —
applicants
“applicants” means both applicants in the case of a joint adoption application mentioned in section 4;
the assessment of an authorised adoption agency in the ASA;
the variation or revocation of the ASA under section 15(1); or
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.
An appeal under this section may be made only on one or more of the following grounds:
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 —
based on a material error of fact; or
irrational;
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.
An appeal under this section must —
be in writing;
specify the name and address of each joint appellant or the appellant, as the case may be;
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;
be supported by the relevant information or documents in relation to each ground of the appeal; and
be made within —
in the case of an appeal against the assessment in an ASA — 14 days after the ASA was issued;
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
in any case — any longer period that the Guardian‑in‑Adoption may allow in the particular case.
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.
Guardian-in-Adoption
“Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8;
The Guardian-in-Adoption may decline to consider an appeal under this section if —
any requirement in subsection (3) or (4) is not satisfied or complied with; or
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.
Upon considering an appeal under this section, the Guardian‑in‑Adoption may do any or more of the following:
confirm, vary or reverse the whole or any part of the assessment, variation, revocation or refusal by the authorised adoption agency concerned;
vary or revoke the ASA concerned;
extend the validity of the ASA concerned for any period specified by the Guardian‑in‑Adoption.
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.
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.
authorised adoption agency
“authorised adoption agency” means an adoption agency or a fostering agency that is authorised by the Minister under section 10;
Terms defined in s 2
applicant
Defined · s 2“applicant” means an individual who makes an adoption application, whether solely or jointly, and for the purposes of Part 2, includes an individual who intends to make an adoption application; and
applicants
Defined · s 2“applicants” means both applicants in the case of a joint adoption application mentioned in section 4;
ASA
Defined · s 2“Adoption Suitability Assessment” or “ASA” means an Adoption Suitability Assessment issued by an authorised adoption agency under section 14;
authorised adoption agency
Defined · s 2“authorised adoption agency” means an adoption agency or a fostering agency that is authorised by the Minister under section 10;
Guardian-in-Adoption
Defined · s 2“Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8;
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Part 3
Adoption Proceedings
Part 4
Post-Adoption Matters
Part 5
Confidentiality of Children Involved in Adoption Proceedings
Part 6
Regulation of Adoption Practices and Processes
Part 7
Enforcement
Part 8
General Provisions
Part 9