Adoption of Children Act 2022 · Updated to 15 Oct 2024 · Part 3 · Adoption Proceedings
33. Power to draw adverse inferences, etc., for failure to notify, etc.
Official textFrom Singapore Statutes Online, unchanged
The court may, on the application of the Guardian‑in‑Adoption or on its own motion, draw any adverse inference against the joint applicants or sole applicant (as the case may be) of an adoption application or any relevant person of the child before the court, or make any other order as the court thinks fit, if the court is satisfied that —
court
“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;
the joint applicants (or either of them) or sole applicant (as the case may be) have or has failed to comply with section 22(1) or (2) or 30(1), (2) or (3);
before the issue of the ASA based on which the adoption application is made or the issue of any HSR filed in support of the adoption application, any fact or information that would have made a material impact on the assessment by the authorised adoption agency that was preparing the ASA or the adoption agency that was preparing the HSR (as the case may be), was not disclosed or made known to the agency by the joint applicants (or either of them) or sole applicant, as the case may be;
before the Guardian-in-Adoption’s affidavit was filed in court, any fact or information that would have made a material impact on the assessment of the Guardian‑in‑Adoption in the affidavit was not disclosed by the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child before the court to the Guardian‑in‑Adoption either —
directly to the Guardian-in-Adoption; or
through an authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application; or
the joint applicants (or either of them) or sole applicant (as the case may be) or any relevant person of the child before the court have or has provided false or misleading information pertaining to the proposed adoption to —
the court;
the Guardian-in-Adoption;
the authorised adoption agency that issued the ASA on which the adoption application is made or the adoption agency that issued any HSR filed in support of the adoption application; or
the authorised adoption agency required under section 29(2) to carry out any supervision, consultation or preliminary investigation in relation to the adoption application.
Where the joint applicants or sole applicant (as the case may be) do not or does not comply with any requirement, order or direction given under section 32(1), the court may draw any adverse inference against the joint applicants or sole applicant (as the case may be) or make any other order as the court thinks fit.
applicants
“applicants” means both applicants in the case of a joint adoption application mentioned in section 4;
The court may strike out an adoption application in respect of a child if the application is not made within the period prescribed by the regulations beginning on the first day that any joint applicant or the sole applicant, as the case may be —
adoption application
“adoption application” means an application made under this Act for an adoption order;
resides with the child; or
starts spending any amount of time with the child for the purpose of considering whether to adopt the child.
Subsection (3) does not apply if —
before the date of commencement of this section, any joint applicant or the sole applicant (as the case may be) is residing with the child, or starts spending any amount of time with the child for the purpose of considering whether to adopt the child; or
any of the circumstances set out in section 57(4) applies to any joint applicant or the sole applicant (as the case may be) and, for this purpose, a reference to a potential adopter in that provision is to be read as a reference to a joint applicant or the sole applicant, as the case may be.
Terms defined in s 2
adoption application
Defined · s 2“adoption application” means an application made under this Act for an adoption order;
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;
child
Defined · s 2“child”, if age rather than descendancy is relevant, means an individual below 21 years of age;
child before the court
Defined · s 2“child before the court” means the child in respect of whom an adoption application is made;
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;
Guardian-in-Adoption
Defined · s 2“Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8;
HSR
Defined · s 2“Home Study Report” or “HSR” means a report —(a)applied for by 2 individuals or an individual before the date of commencement of section 11;(b)issued before, on or after that date by an adoption agency accredited by the Ministry of Social and Family Development for the purposes of conducting assessments as to the suitability of persons to adopt a child; and(c)containing an assessment as to whether the 2 individuals or individual (as the case may be) issued with the report are or is suitable to adopt a child;
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;
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