Adoption of Children Act 2022 · Updated to 15 Oct 2024 · Part 5 · Confidentiality of Children Involved in Adoption Proceedings
49. Order to remove publication or broadcast in contravention of section 48
Official textFrom Singapore Statutes Online, unchanged
A court may, on the application of any of the persons mentioned in subsection (2), order a person to do any or more of the following:
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;
remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 48(1);
remove the programme in which the information or picture that is broadcast in contravention of section 48(1) is broadcast;
delete the information or picture that is published or broadcast in contravention of section 48(1);
take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 48(1) is no longer available on or through the Internet.
For the purposes of subsection (1), the persons are as follows:
the Guardian-in-Adoption;
any relevant person of a protected person who is below 21 years of age and in respect of whom no adoption order has been made and no adoption proceedings are pending;
the adoptive parent of a protected person who is below 21 years of age;
a protected person who has attained 21 years of age.
The court may make an order under subsection (1) even if —
the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or
when the application has been served on the respondent — the respondent does not appear at the hearing of the application,if the court is satisfied, on a balance of probabilities, that the protection of the privacy of the protected person that will be achieved by making the order outweighs the potential detriment to the respondent by not being heard.
To avoid doubt, the court may make an order under subsection (1) regardless of whether the respondent or any other person has been convicted of an offence under section 48(4) in relation to the information or picture mentioned in subsection (1).
Terms defined in s 2
adoption proceedings
Defined · s 2“adoption proceedings” means the proceedings in court arising from an adoption application, including any appeal against any decision made by the court on the adoption application;
adoptive parent
Defined · s 2“adoptive parent” means an individual who adopts a child under an adoption order and, in the case of an adoption order made in favour of 2 applicants jointly, means either of the applicants;
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;
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;
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Part 6
Regulation of Adoption Practices and Processes
Part 7
Enforcement
Part 8
General Provisions
Part 9