Adoption in Singapore: eligibility and the process under the 2022 Act

The legal framework

Adoption in Singapore is governed by the Adoption of Children Act 2022, which replaced the older 1939 Act and came into force on 15 October 2024. Its focus is the welfare of the child. Some guides written before that date describe steps, forms and terminology that no longer apply, so it is worth checking that any information you rely on reflects the current Act.

An adoption order is made by the Family Justice Courts. Once made, the legal relationship between the child and their birth parents ends, and the adoptive parents take on all parental rights, duties and responsibilities, including decisions about education, religion and medical treatment. An adopted child is treated as the adoptive parents’ child for purposes such as inheritance.

Who can adopt

The main eligibility points described by Singapore law firms are:

• Age: you must generally be at least 25 years old and at least 21 years older than the child. The court can make exceptions where the applicant and child are related by blood, or there are special circumstances. Firms also note that an age gap of more than 50 years may be a concern.
• Residence: you must be habitually resident in Singapore and have lived here continuously for at least one year before applying for the Adoption Suitability Assessment. There are also citizenship and residency-status requirements, particularly for joint applicants; check the current criteria for your situation.
• Joint and sole applicants: joint applicants must be married to each other. A married person adopting alone generally needs their spouse’s consent. A single man cannot adopt a girl unless there are special circumstances.
• Background: applicants must not have convictions for serious crimes.
• The child: the child must be under 21 and never married.

Before you apply to court

Under the 2022 Act, there are mandatory steps before any court application:

• Attend a Pre-Adoption Briefing, which covers the criteria, legal implications and process, and a briefing on disclosing adoptive status to the child. Both are run by agencies appointed by the Ministry of Social and Family Development.
• Undergo an Adoption Suitability Assessment by an authorised adoption agency. This replaced the earlier Home Study Report and looks at your readiness to adopt, your circumstances and your home environment. It applies to all applicants, including those adopting a relative or step-child.
• Identify a child, whether through an agency, personal contacts or, for children in state care, through the Ministry. Foreign applicants and those adopting a foreign child may face additional requirements, such as confirming that their home country will recognise the adoption.

Consent and payments

The consent of each relevant person, such as the child’s parents, guardian or anyone responsible for maintaining the child, must normally be obtained. Consent is only valid if given in the prescribed form and witnessed as the regulations require. Where a parent cannot be found or unreasonably withholds consent, the court has power in some cases to dispense with it.

No payment or reward may be made in connection with the adoption unless the court approves it. Applicants are expected to account for any costs involved in placing the child.

The court process

The adoption application is filed with the Family Justice Courts. A Guardian-in-Adoption, a public officer appointed by the Minister, safeguards the child’s interests. Under the 2022 Act, applicants no longer have to apply separately for this appointment. The Guardian-in-Adoption makes enquiries, which may include home visits and interviews, and reports to the court.

The court will make an adoption order only if it is satisfied that the legal requirements are met and that the adoption is for the child’s welfare. The court can also adjourn the application, make an interim order placing the child with the applicants for a probationary period, or refuse the application. Adoption orders are very difficult to reverse once made.

When to speak with a lawyer

Adoption involves strict eligibility rules, prescribed forms and evidence of consent, and the rules changed significantly in October 2024. A lawyer can check your eligibility, prepare the court documents, deal with consent issues such as an absent parent, and guide you through step-parent and relative adoptions.