In forceUpdated to 15 Oct 2024

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Adoption of Children Act 2022 · Updated to 15 Oct 2024 · Part 3 · Adoption Proceedings

27. Duty of Guardian-in-Adoption to file affidavit

(1)

Upon the making of an adoption application in respect of a child and before the further hearing of the adoption application, the Guardian‑in‑Adoption must make an affidavit setting out the result of any investigation made as to —

(a)

the circumstances of the child, every relevant person of the child and the joint applicants or sole applicant, as the case may be; and

(b)

all other matters relevant to the proposed adoption.

(2)

Without limiting subsection (1), the Guardian‑in‑Adoption’s affidavit must include the Guardian‑in‑Adoption’s assessment of the following matters:

(a)

whether the averments in the affidavit filed in support of the adoption application are true;

(b)

whether the joint applicants or sole applicant (as the case may be) are or is suitable to adopt the child;

(c)

whether there is any provision of this Act that may prohibit the court from making an adoption order on the application;

(d)

whether the consent required under section 26 of every relevant person of the child has been validly obtained and, if not, whether the consent of any relevant person ought to be dispensed with;

(e)

whether any payment or other reward in consideration of the adoption or for any adoption‑related service has been made by or given to, or agreed to be made by or given to, the joint applicants (or either of them) or sole applicant, as the case may be;

(f)

whether any payment or other reward mentioned in paragraph (e) ought to be sanctioned by the court;

(g)

if the child is of suitable age and maturity — the child’s wishes in relation to the proposed adoption;

(h)

whether an adoption order, if made, will be for the welfare of the child;

(i)

whether an adoption order ought to be made in the circumstances;

(j)

any other matter, as may be prescribed by the Family Justice Rules, which may assist the court in determining whether an adoption order ought to be made.

(3)

In the case of an adoption application in respect of a child in state care, the Guardian‑in‑Adoption may request the Director‑General or a protector who is familiar with the circumstances of the child to provide to the Guardian‑in‑Adoption a report setting out —

(a)

the circumstances that led to the child being in state care;

(b)

an update on the progress of the child’s physical, mental, social and psychological development while in the care of the joint applicants or sole applicant, as the case may be;

(c)

what the Director-General or protector (as the case may be) understands to be the views of every relevant person of the child concerning the proposed adoption of the child; and

(d)

the views of the Director-General or protector (as the case may be) on whether the consent required under section 26 of any relevant person of the child ought to be dispensed with.

(4)

Where the Director-General or a protector provides a report requested by the Guardian‑in‑Adoption under subsection (3), the Guardian‑in‑Adoption must take into account the contents of the report when preparing the Guardian‑in‑Adoption’s affidavit.

Terms defined in s 2

adoption application
Defined · s 2
“adoption application” means an application made under this Act for an adoption order;
Open s 2
adoption order
Defined · s 2
“adoption order” means an order under section 23(1);
Open s 2
adoption-related service
Defined · s 2
“adoption-related service” means any of the following:(a)any service provided by an adoption agency (whether directly or indirectly through one or more intermediaries) in the course of making arrangements for or on behalf of any person for the adoption in Singapore by that person of a child;(b)the conduct of a pre-adoption briefing described in section 12;(c)the conduct of a disclosure of adoptive status briefing described in section 13;(d)the conduct of any assessment by an authorised adoption agency for the purposes of preparing an ASA;(e)any other service provided by an adoption agency in connection with the adoption or proposed adoption of a child that may be prescribed by the regulations;
Open 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
Open s 2
applicants
Defined · s 2
“applicants” means both applicants in the case of a joint adoption application mentioned in section 4;
Open s 2
child
Defined · s 2
“child”, if age rather than descendancy is relevant, means an individual below 21 years of age;
Open s 2
child in state care
Defined · s 2
“child in state care” means a child who is the subject of any of the following orders that is in force:(a)an order under section 54(1)(b) or 56(2)(a) of the Children and Young Persons Act 1993;(b)an order under section 56(2)(a) of the Children and Young Persons Act 1993 as applied by section 57 of that Act;
Open s 2
court
Defined · s 2
“court” means the Family Division of the High Court, a Family Court, or any court hearing an appeal against an order or a decision of the Family Division of the High Court or a Family Court, except in sections 48, 51, 66, 69, 70, 72 and 73 where “court” means a court of competent jurisdiction;
Open s 2
Director-General
Defined · s 2
“Director-General” means the Director‑General of Social Welfare or any public officer or other person authorised under section 3(3) of the Children and Young Persons Act 1993 to perform any of the duties or exercise any powers of the Director‑General under that Act;
Open s 2
Guardian-in-Adoption
Defined · s 2
“Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8;
Open s 2
protector
Defined · s 2
“protector” means any public officer appointed or other person authorised under section 3(3) of the Children and Young Persons Act 1993 to perform any of the duties or exercise any of the powers of a protector under that Act;
Open s 2
relevant person
Defined · s 2
“relevant person”, in relation to a child, or a protected person mentioned in Part 5, means any person who —(a)is a parent or guardian of the child or protected person;(b)has actual custody of the child or protected person; or(c)is liable to contribute to the support of the child or protected person;
Open s 2
reward
Defined · s 2
“reward” means any benefit, whether monetary or otherwise.
Open s 2

Read on from s 28

Part 4

Post-Adoption Matters

Read on from Part 4

Part 5

Confidentiality of Children Involved in Adoption Proceedings

Read on from Part 5

Part 6

Regulation of Adoption Practices and Processes

Read on from Part 6

Part 7

Enforcement

Read on from Part 7

Part 8

General Provisions

Read on from Part 8

Part 9

Related and Consequential Amendments and Saving and Transitional Provisions

Read on from Part 9