SINGAPORE, May 10 — Parents who would like to adopt a child will face stricter rules, after Parliament yesterday (May 9) passed the new Adoption of Children Bill, which among other things bars those with serious convictions such as sexual or violence-related offences from adopting children.
First tabled last month, the Bill also mandates that all prospective adopters have to undergo an Adoption Suitability Assessment, even if they are related to the child. Currently, only those who are adopting an unrelated foreign child or a child in state care must undergo pre-adoption assessment.
Yesterday, 14 Members of Parliament (MPs) from both sides of the aisle and one Nominated MP rose to voice their concerns and put forward suggestions on the Bill, notwithstanding their support for it.
The Bill will replace the existing Adoption of Children Act which was passed in 1939 and last amended substantially more than three decades ago.
Barring those convicted of serious crimes from adopting
Ang Mo Kio Group Representation Constituency (GRC) MP Ng Ling Ling suggested that the government consider placing prospective parents who have previous convictions for even non-serious offences under a lower priority for adoption.
Meanwhile, Mr Yip Hon Weng, MP for Yio Chu Kang Single Member Constituency (SMC), asked how the debarment duration will be determined, and whether it would also be extended to immediate family members of the adopting couple.
Minister for Social and Family Development Masagos Zulkifli replied that the underlying principle determining the types of serious offences to be prescribed is “the bearing that the offence has on applicants’ character and fitness, and their ability to safely care for a child”.
“Such offences would include sexual abuse and violence offences, and offences under the Children and Young Persons Act,” he said, adding that the list of offences may be reviewed over time.
Disclosing adoption status to child
The newly passed law also sets a compulsory briefing for parents on how to tell the child that he or she was adopted. However, it does not make it mandatory for the parents to actually make the disclosure of the adoption status to the child.
MPs voiced slightly different views on this, with Mr Christopher de Souza (Holland-Bukit Timah GRC) and opposition parliamentarian Dennis Tan (Hougang SMC), who both shared their own experiences in adopting children, speaking in favour of this move.
Meanwhile, Gan Thiam Poh of Ang Mo Kio GRC said that such disclosure can sometimes “destroy an established relationship” and urged the Government to continue adopting a cautious approach.
“While there is no universally appropriate age for disclosure, the professionals recommend introducing and normalising the concept of adoption as early as possible,” said Masagos in his round-up speech, while acknowledging the sensitivity of the matter to the parties involved.
Adoption without birth parents’ permission
The law also provides guidance on a wider range of circumstances where dispensation of consent from birth parents or other relevant parties would be in the child’s welfare. This would typically apply when a child’s birth parent may be missing, or may unreasonably object to the adoption even though the refusal harms the child’s welfare.
A few MPs sought further clarification on the Government’s considerations for such cases.
Kebun Baru SMC MP Henry Kwek was concerned that without greater clarity, families facing problems that need intervention may not cooperate with the Ministry of Social and Family Development (MSF) “out of a misplaced fear that their children will be taken away from them without their consent”.
Masagos gave assurance that MSF acknowledges the sanctity of parental rights, and that grounds for dispensation have been calibrated to balance such rights with the child’s welfare.
Public policy, different models of family unit
Marine Parade GRC MP Seah Kian Peng asked about what the law left “implicit” and its possible impact on public policies, in continuing to allow single parents to adopt.
Previously, unmarried individuals were also allowed to adopt a child, although single males are not allowed to adopt a girl unless under special circumstances.
“Specifically, what happens to a child if the sole parent goes on to legally marry someone of the same gender overseas?” he asked.
NMP Mark Chay said that while he “does not disagree” with the government’s position against deliberate single parenthood through surrogacy, adoption, or same sex parents, he hopes that evaluations of suitability based on sexual orientation or relationship status would be dispensed with in the future.
In reply, Masagos reiterated that Singapore’s public policy continues to be one which encourages parenthood within marriage, and that the Government does not support the formation of same-sex family units through institutions and processes like adoption.
Regulating agencies
Several MPs spoke about putting in place a sound regulatory system for the adoption process, such as by accrediting adoption agencies and directly regulating fee quanta.
“Our approach is to focus on the criminalisation of undesirable adoption practices,” said Masagos.
“We will keep a close watch on the impact of the Bill on the adoption agencies’ practices, and are prepared to consider further measures in the future if necessary.”
Rounding off the debate in a closing speech, Masagos thanked prospective adopters and adoptive parents for opening their “hearts and homes” to children who need it.
“Families form the bedrock of our society. They are our foundation that nurture and build resilient individuals, providing the best source of safety, love and care for our children, so that they can learn, grow and lead meaningful and fulfilling lives.” ― TODAY
