Singapore legislation

Regulation 6

of Adoption of Children (General) Regulations 2024

Regulation 6

Prescribed factors for considering whether applicants are “suitable to adopt”

The following factors are prescribed for the purposes of section 7(a) of the Act:

(a)

the applicant’s reason or reasons for seeking to adopt a child;

(b)

the physical, mental, psychological and emotional health of the applicant;

(c)

the financial means of the applicant, and whether the applicant is financially stable and is likely to remain so if a child were to be adopted by the applicant; (d)whether any of the following applies to the applicant and, if so, its relevance to the applicant’s ability to properly care for a child: (i)the applicant has been convicted of, or has accepted any offer of composition for, any offence in Singapore (except an offence set out in the Schedule to the Adoption of Children (Prescribed Offences) Regulations 2024 (G.N. No. S 784/2024));

(ii)

the applicant has contravened or failed to comply with any law in Singapore (which contravention or failure, as the case may be, does not constitute an offence); (iii)the applicant has breached or failed to comply with any order given by any court of law, or by a tribunal constituted under any written law, in Singapore;

(e)

whether the applicant was, or is being, investigated for any offence in Singapore, and the outcome of the investigations if concluded;

(f)

the following factors affecting the applicant’s ability to parent and care for an adopted child:

(i)

the parenting capacity of the applicant, such as —

(A)

whether the applicant understands the responsibility that comes with parenthood;

(B)

whether the applicant understands the parenting of a child who has been adopted, including understanding the unique needs of such a child;

(C)

whether the applicant understands the benefits of disclosing, and intends to disclose, to his or her adopted child the child’s adoptive status;

(D)

whether the applicant understands and has the capacity to meet a child’s physical, mental, psychological, emotional, educational and social needs;

(E)

whether the applicant uses or engages in, or is aware of, appropriate parenting methods; and

(F)

in the case of joint applicants — whether the joint applicants are aware of the importance of joint parenting;

(ii)

the stability of care and the quality of the home environment that the applicant is able to provide;

(iii)

the following factors affecting the resources available to the applicant in the parenting of a child:

(A)

whether the applicant has access to adequate support in the parenting of a child, whether within or outside the applicant’s household;

(B)

whether the applicant is receptive to seeking support in the parenting of a child from social service agencies if necessary;

(g)

whether there is an alternative caregiver in the event of the demise of the applicant, or in the event that the applicant suffers from any physical or mental disability or illness which renders the applicant incapable of parenting or caring for a child;

(h)

any factor that may pose a risk to the safety and welfare of a child;

(i)

where the authorised adoption agency, Guardian‑in‑Adoption or the court (whichever is applicable) considers that the views of any immediate family member of the applicant or any member of the applicant’s household are relevant to the applicant’s ability to parent or care for a child — such views, whether conveyed directly to the agency, Guardian‑in‑Adoption or the court or indirectly through the applicant;

(j)

the strength of the relationship between the applicant and each immediate family member of the applicant and each member of the applicant’s household;

(k)

whether the applicant is of good character;

(l)

in the case of joint applicants — the duration of their marriage and the strength of the marital relationship; (m)if the applicant has resided with a child, or spent any amount of time with a child, for the purpose of considering whether to adopt the child —

(i)

the strength of the relationship between the child and the applicant; (ii)the ability of the applicant to care for the child and the degree of the applicant’s involvement in such care; (iii)if the child is of suitable age and maturity — the wishes of the child in relation to the proposed adoption; and

(iv)

whether an adoption order in respect of the child in favour of the applicant legally changes existing family relations between the child and the applicant;

(n)

if a child has been identified for adoption and the child is of suitable age and maturity — the wishes of the child in relation to the proposed adoption; (o)whether granting an adoption order in the circumstances of the case will offend —

(i)

the Government’s policy to promote parenthood within a marriage, or any publicly communicated Government policy regarding adoption of children by singles; or

(ii)

any publicly communicated Government policy regarding surrogacy.