If your spouse has a child from China, can you legally adopt your stepchild in Singapore?
Potentially, yes. However, adopting a child from the People’s Republic of China (PRC) requires the family to satisfy requirements in both China and Singapore.
China now restricts intercountry adoption to specific family relationships. For families in Singapore, adoption from China is generally limited to a stepchild or the biological child of a sibling or first cousin.
The process involves several stages in both countries, including an Adoption Suitability Assessment (ASA), consent from the child’s biological parents, approval and registration in China, immigration arrangements for the child, and an application to the Singapore Family Justice Courts.
An issue at an early stage, particularly with eligibility or consent from the biological parent, can affect whether the adoption can proceed later.
Can I Adopt My Stepchild from China in Singapore?
A stepchild from China may qualify for adoption if the applicable PRC and Singapore requirements are met.
For an adoption involving a child from China, one applicant must be a Singapore Citizen, while the applicant’s spouse may be a Singapore Citizen, Permanent Resident or Employment Pass holder. Where the spouse holds an LTVP+, an appeal may be made to MSF for consideration.
Applicants must also be habitually resident in Singapore and have lived in Singapore continuously for at least one year before applying for the Adoption Suitability Assessment (ASA).
There are also age requirements for the applicants. Generally, an applicant must be at least 25 years old and at least 21 years older than the child, although different considerations may apply in certain circumstances.
For PRC adoption, the child must be under 18.
What is the Process for Adopting a Child from China?
For applicants in Singapore, the process generally involves:
- Attending the mandatory Pre-Adoption Briefing and Disclosure Briefing.
- Applying for an Adoption Suitability Assessment (ASA).
- Obtaining a favourable ASA.
- Proceeding with the PRC adoption application through an appointed adoption agency.
- Obtaining the necessary PRC approval and travelling to China to complete the Adoption Registration.
- Applying for the child’s Dependant’s Pass for adoption purposes.
- Applying to the Singapore Family Justice Courts for an Adoption Order.
For PRC adoption, applicants may approach Fei Yue Community Services or TOUCH Community Services, which are appointed to assist with the processing of PRC child adoptions.
The same issue may affect multiple stages. For example, biological parents’ consent and supporting documents may be required during both the China and Singapore processes.
Does the Other Biological Parent Need to Consent?
Generally Yes. Having custody of the child does not automatically remove the need for the other biological parent’s consent.
For example, a mother may have custody of her child following a divorce and later remarry. Her new spouse may have cared for the child for many years and now wish to adopt the child.
For a PRC adoption, consent from the biological parents is an important requirement. Consent is required for the China process and will also be needed at different stages of the Singapore adoption process.
Address this early. If a biological parent cannot be located or refuses to consent, it may affect whether and how the adoption can proceed.
How Do the Biological Parents Give Their Consent?
Each biological parent is ordinarily required to complete a separate Form ACA-2 (Consent to Adoption). This generally means one form from the biological mother and one from the biological father.
Each Form ACA-2 must be signed in the presence of two witnesses who are at least 21 years old and present at the same time, as well as a lawyer or other person authorised to administer oaths.
Where the biological parent is in China, the form can be executed in accordance with the applicable requirements there. Depending on the circumstances, this may include execution before an authorised person in China or at the Singapore Embassy in China.
If the biological parent signs the form in Singapore, they can sign it before a Commissioner for Oaths.
Biological parents must also sign a separate Consent Form for Data Sharing. This is different from Form ACA-2 and does not have the same notarisation requirements.
Because the original consent documents are required during the adoption process, you must complete them correctly from the start.
What If the Biological Parent Cannot Be Found?
A biological parent who cannot be found is different from a biological parent who can be found but refuses to consent. If a parent genuinely cannot be located despite reasonable efforts to trace and contact them, legal avenues may exist to address the lack of consent.
However, both Singapore and PRC requirements must be considered.
In Singapore Court proceedings, the Court may dispense with a biological parent’s consent in certain circumstances.
The PRC process has its own requirements. China does not simply accept an affidavit as a replacement for the required biological parent’s consent. Where a parent cannot be located, the family should establish with the relevant PRC authorities whether and how the adoption can proceed.
What If the Biological Parent Refuses to Consent?
If a biological parent can be located but refuses to provide the consent required for the PRC process, this can prevent the PRC adoption from proceeding.
Therefore, it is important to establish the position on consent before the family invests significant time and cost in the adoption process.
What Is the Adoption Suitability Assessment?
The Adoption Suitability Assessment (ASA) assesses whether the prospective adopters are suitable and ready to adopt.
Before applying for an ASA, applicants must attend the mandatory Pre-Adoption Briefing and Disclosure Briefing.
For an adoption involving a child from China, applicants may submit their ASA application to one of the agencies appointed to process PRC child adoptions in Singapore, currently Fei Yue Community Services or TOUCH Community Services.
The applicants submit the ASA application themselves. However, before doing so, it can be useful to review the proposed adoption, particularly where there are questions about eligibility, biological parent consent or documents from China.
What Happens After a Favourable ASA?
After receiving a favourable ASA, the family can proceed with the PRC stage of the adoption.
The appointed adoption agency helps submit the application to the China Centre for Children’s Welfare and Adoption (CCCWA).
You must also submit documents related to the child’s placement for international adoption to the relevant Provincial Civil Affairs authority in China.
The biological parents’ cooperation may therefore remain important even where the child has already been living with the prospective adoptive family.
Do We Need to Travel to China?
Yes.
After obtaining the necessary PRC approval, the applicants and child will need to travel to China to complete the Adoption Registration with the relevant Provincial Civil Affairs authority.
The biological parents will also need to attend as required to complete the adoption formalities.
Does My Stepchild Need a Dependent’s Pass?
For a foreign child, immigration status is another part of the Singapore adoption process.
After completing the necessary PRC process, applicants must apply through MSF for a Dependant’s Pass for adoption purposes.
A child may already be living or studying in Singapore under another immigration pass. Families should not assume that the child’s existing pass is sufficient for the adoption proceedings.
Do I Still Need to Apply for an Adoption Order in Singapore?
Yes. Completing the adoption process in China does not complete the adoption process in Singapore.
After you meet the relevant PRC and immigration requirements, you must apply for an Adoption Order with the Family Justice Courts.
The Court application requires supporting documents relating to the applicants, the child, and the biological parents. A lawyer can assist with preparing and filing the application and guide the family through the Family Justice Courts proceedings.
The Court will ultimately decide whether the requirements for an Adoption Order have been satisfied, with the child’s welfare being an important consideration.
Does Adoption Automatically Make My Stepchild a Singapore Citizen?
No. Adoption and citizenship are separate matters.
A Singapore Adoption Order does not automatically make a foreign child a Singapore Citizen. The child’s longer-term immigration status, Permanent Residence or Citizenship, may therefore need to be considered separately.
How Long Does It Take to Adopt a Child from China?
Families should be prepared for a PRC adoption to take time because there are processes to complete in both China and Singapore.
As a general guideline, families may need to allow around 1.5 years from the start of the ASA application for a PRC adoption. Actual timelines will vary depending on the family’s circumstances and the relevant authorities’ processing times.
The child’s age should also be considered. As the child must be below 18 years old for PRC adoption purposes, families considering adopting an older child should seek guidance early rather than wait until the child is approaching the age limit.
What Should I Check Before Starting a PRC Adoption?
Before applying for an ASA, it is useful to establish five things:
Eligibility: Do you, your spouse and the child meet the applicable Singapore and PRC requirements?
Consent: Can you obtain the required consent from the biological parents?
Documents: Are the consent forms and supporting documents being prepared and signed correctly?
China requirements: What approvals, documents, and personal attendance will be required in China?
Singapore requirements: What will be required for the child’s immigration arrangements and eventual Adoption Order application?
How Can a Lawyer Help with a PRC Adoption?
Legal advice can be useful before the ASA, particularly where there are questions about eligibility, biological parent consent or documents from China. Addressing these issues early can help families understand what is required before proceeding with the formal adoption process.
At LP Law Corporation, we can guide families through the legal aspects of a PRC adoption from the early planning stage, including preparing the necessary documentation before the ASA application and advising on the next legal steps.
The ASA application is submitted by the applicants to the appointed adoption agency. After a favourable ASA, the agency assists with the PRC adoption process and submissions to the Chinese authorities.
Once the necessary PRC and immigration stages are complete, LP Law can prepare and file the application for the Singapore Adoption Order and handle the Family Justice Courts proceedings through to the conclusion of the adoption application.
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Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.
