Adoption of Children Act 2022 · Updated to 15 Oct 2024 · Part 3 · Adoption Proceedings
43. Power to order removal and placement of child upon unsuccessful adoption application
Official textFrom Singapore Statutes Online, unchanged
This section applies where an adoption application is unsuccessful.
adoption application
“adoption application” means an application made under this Act for an adoption order;
The court may, upon an application of the Guardian‑in‑Adoption or on its own motion, order the person having physical custody of the child who is the subject of an unsuccessful adoption application to deliver the child to the physical custody of a suitable person recommended by the Guardian‑in‑Adoption within the time specified by the court.
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;
For the purposes of enforcing an order under subsection (2), the court may direct the bailiff to seize the child from the physical custody of any person or from any place and deliver the child to the physical custody of the suitable person mentioned in that subsection.
child
“child”, if age rather than descendancy is relevant, means an individual below 21 years of age;
The court may, upon the application of the Guardian‑in‑Adoption or on its own motion, make any order as it thinks fit (whether or not an order under subsection (2) has also been made) to facilitate any change in the physical custody of a child who is the subject of an unsuccessful adoption application.
Guardian-in-Adoption
“Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8;
Any person who, without reasonable excuse, fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction —
on the first conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
on a second or subsequent conviction — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both.
In this section, a reference to an adoption application that is unsuccessful is a reference to an adoption application that is withdrawn, struck out or dismissed by the court.
Terms defined in s 2
adoption application
Defined · s 2“adoption application” means an application made under this Act for an adoption order;
child
Defined · s 2“child”, if age rather than descendancy is relevant, means an individual below 21 years of age;
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;
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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