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The steps in an adoption
proceeding are as follows:
Step
1:
|
File the
Adoption Petition |
| Step
2: |
Service
of petition on the Attorney General's Chambers |
| Step
3: |
Hearing
of the prayer for appointment of Guardian Ad Litem as well as
application for dispensation* |
| Step
4: |
Investigation
by welfare authorities |
| Step
5: |
Final hearing
of Petition* |
(* denotes a court session where the
attendance of the parties and/or their lawyers in court is required.)
|
| Step
1: Filing of Adoption Petition |
Adoption proceedings commence
with the filing of the adoption petition in the prescribed form at
the Family Court Registry. The petition must contain:
| a) |
Residency status of the
petitioners (paragraph 2); |
| b) |
Marital status of the petitioners
(paragraph 3); |
| c) |
Occupations of the petitioners
(paragraph 4); |
| d) |
Age of the petitioners (paragraph
5); |
| e) |
Identity of other persons
residing with the petitioners, if any (paragraph 6); |
| f) |
Relationship between the
petitioners and the infant, if any (paragraph 7); |
| g) |
Particulars of the infant,
for example, sex, marital status, identity of his natural parents,
religion, citizenship, race, age, actual custodianship and whether
he is entitled to any property (paragraph 8); |
| h) |
The date since the petitioners
have supported the infant (paragraph 9); |
| i) |
Whether the infant had been
subject to an adoption order or application or petition for
an adoption order previously (paragraph 10); |
| j) |
An undertaking by the petitioners
to provide for the maintenance and education of the infant (paragraph
11); |
| k) |
Whether consent has been
obtained from the natural parent of the infant (paragraph 12); |
| l) |
Whether the petitioners have
received or given any payment or reward in consideration of
the adoption of the infant (paragraph 13); |
The petitioners (the persons making the application) are required
to stamp and file the following documents at the Family Court Registry:
| a) |
2 copies of the adoption
petition; |
| b) |
the original consent of
the natural parents / guardian (together with the original translation
if the consent is not in the English language); |
| c) |
the original consent of
the parent or guardian of the natural parent of the infant if
the natural parent is a minor (together with the original translation
if the consent is not in the English language); |
| d) |
the original birth certificate
of the infant to be adopted (together with the original translation
if the birth certificate is not in the English language); |
| e) |
an affidavit exhibiting the
endorsement of the child's Dependants' Pass if the child is
not a Singapore citizen or permanent resident; |
| f) |
certified true copies of
the petitioners' work permits / employment passes / dependants'
passes if the petitioners are not Singapore citizens or permanent
residents; |
| g) |
the original marriage certificate
of the petitioners (together with the original translation if
the birth certificate is not in the English language); |
| h) |
2 copies of the Application
for Dispensation of Consent and supporting affidavit to dispense
with the consent of the natural parents and/or service of documents
on the natural parents, if such consent cannot be obtained;
and |
| i) |
A copy of the death certificate
of the natural parent who had passed away (if applicable). |
Upon receipt of the petition and the accompanying documents, the Family
Court Registry will register the petition and fix a date for hearing
of Prayer 1, which is the prayer requesting the Attorney General to
be appointed as Guardian Ad Litem. Any applications for dispensation
will also be fixed on the same day. |
|
|
| Step 2:
Service of Adoption Petition |
| The Petitioners should serve
a copy of the adoption petition on the Attorney General's Chambers.
In practice, the Attorney General's Chambers would thereafter peruse
the papers and correspond with the petitioners on whether they have
objections to the application.
The petition should also be served on a person
whose consent to the adoption is required. If service cannot or
need not be effected, the petitioner should make an application,
by way of a Summons-in-Chambers, for dispensation of service of
documents. An affidavit (that is, a statement that is sworn or affirmed
before a Commissioner for Oaths) should be filed to explain why
service could or should not be effected.
|
|
|
| Step 3:
Hearing of the application for Guardian Ad Litem to be Appointed and
applications for dispensation |
|
The hearing of the application for a person
to be appointed as Guardian Ad Litem is held in chambers. On the
hearing date, if the Court is satisfied that the Attorney-General
has consented to act as guardian ad litem for the child and the
written consent of the Attorney-General's Chambers has been stamped
and filed in court, the court will appoint the Attorney-General
as guardian ad litem. Where the Attorney-General has declined to
act as the guardian ad litem, it has the discretion to appoint "any
other fit and proper person" as guardian ad litem.
At the same hearing, the court will also deal
with applications for dispensation of consent as well as dispensation
of service of adoption papers. For example, if the petitioners were
not able to obtain a natural parent's consent in the prescribed
form but can nonetheless produce some other documentary proof that
the natural parent had the intention of giving the child away for
adoption, an application for dispensation of consent should be made.
Such application(s) should be made by way of Summons-in-Chambers
and will be heard in chambers. Any person who may object to the
application should be notified of the application. The court will
make an order on dispensation after hearing all relevant persons.
|
|
|
| Step 4:
Investigation by the Guardian ad Litem |
|
Once the Attorney-General is appointed as guardian
ad litem, he will direct the Child Welfare Officer from the Ministry
of Community Development to investigate "the circumstances
of the infant and petitioners and all other matters relevant to
the proposed adoption with a view to the safeguarding of the interests
of the infant". The welfare officer will then carry out the
necessary investigation and make recommendations on the adoption
petition. The results of the investigation will be set out in an
affidavit sworn by the investigating welfare officer. The officer
will also state in his affidavit whether he supports the proposed
adoption of the infant by the petitioners.
Upon receipt of the affidavit from the Attorney-General,
the petitioners are required to file the original affidavit, together
with 2 copies of the Notice of Hearing of Petition into Court. The
Family Registry will then fix a date for the further hearing of
the Petition.
|
|
|
| Step 5:
Final Hearing of Adoption Petition |
|
On the further hearing of the Petition, if the
court is satisfied that all the requirements of the Act are complied
with, it will make an adoption order in favour of the petitioners.
If the requirements are not met, the court may adjourn the hearing
of the petition and direct the guardian ad litem to investigate
further; make an interim order, or dismiss the petition entirely.
After the adoption order is made, the petitioners'
solicitors are required to submit 3 copies of the adoption order
and 1 copy of the draft adoption order approved by the Attorney-General.
The Family Registry will check the documents and if all are in order,
issue the engrossed adoption order to the petitioners' solicitors.
Another copy of the adoption order and attached schedule will be
sent to the Registrar of Births to register the adoption of the
infant by the Petitioners.
|
|
|
| (i) Summons-in-Chambers
(SIC) |
| An SIC is an application
that is heard in chambers (i.e., it is a private hearing unlike a
trial, which is heard in open court), by either a District Judge or
a Deputy Registrar. Parties and their witnesses need not testify in
court when SICs are heard as such applications are heard based on
affidavits (i.e. a document that sets out the evidence of the parties
and that is sworn or affirmed before a Commissioner for Oaths).
SICs can be filed for a range of matters that
are related to a suit and can be filed at any point in time during
the proceedings or after orders have been made by the court.
Common SICs filed in adoption proceedings include
applications for:
- dispensation of service;
- dispensation of consent;
- amendment: an application to correct a court
document
- extension of time : an application to be
given more time to take a step that is required under the Rules.
|
| (ii) Appeals |
| If either party is dissatisfied
with a court order, he may file an appeal against the order. In the
appeal papers (known as the Notice of Appeal), he must state the date
of the order and the name of the District Judge or Deputy Registrar
who had made the order, as well as specify which part of the order
he is appealing against. The appeal papers must be filed at the Appeal
Section at the Civil Court Registry. You should seek legal advice
if you need assistance in drafting the appeal papers. |
| (iii) Praecipes |
| A praecipe is a request to
the court. Praecipes are commonly filed when a person wishes to search
the court's records, to inspect the court's file or to extract a certified
true copy of a court document . Praecipes have to be stamped and filed
in court. It should be noted that adoption proceedings are confidential
and the court will normally not allow an inspection of the court's
file unless good and sufficient reasons can be shown. |
|
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