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Singapore Divorce Lawyer - Lam & Co Blog

For most people, divorce is a rare and scary thing. You simply do not have any previous experience with it and there are many horror stories you have heard from your friends. Lam & Co.'s expert divorce lawyers are focused on sharing information with you to assist you as much as possible in making painless and correct decisions.
Philip Lam - Singapore Divorce Lawyer

IN AN ADOPTION, A GIA REPORT IS REQUIRED. WHAT IS IT & WHAT GOES INTO IT: SINGAPORE ADOPTION LAWYER

 Introduction

  • Usually, in every Adoption application to court, the Judge will appoint a Guardian In Adoption ("GIA") and this person will prepare a GIA Report.
    • Who is the GIA?
    • What is the GIA Report?
    • What goes into a GIA Report?
Guardian In Adoption
  • The GIA is the person appointed by the Judge to:
    • ensure and safeguard the child's legal interests in the Adoption application before the Court
    • investigate the circumstances surrounding the Adoption; and
    • report his (or her) findings to the Court.
  • Typically, the person appointed will be the Director of Social Welfare and he (or she) will nominate an officer from the Ministry of Social & Family Development ("MSF") to conduct the investigation and report the findings to the Court.
GIA Investigation
  • For the investigation, the officer (nominated to conduct the GIA investigation) will often:
    • interview the Applicant(s)
    • do a home visit
    • check that the information in the Adoption Statement are true
    • check whether there is any evidence of any monetary transaction regarding the Adoption
    • investigate and determine the findings necessary to prepare the GIA Report
GIA Report
  • The GIA Report to the Court will normally be in the form of an Affidavit (sworn or affirmed statement).
  • It will contain the MSF officer's findings.
GIA Report Contents
  • A GIA Report will usually include:
    • the MSF officer's name, NRIC number, and official position in MSF
    • an express finding whether the information in the Adoption Statement are true
    • an express finding whether there is any evidence of any monetary transaction regarding the Adoption
    • the child's background and current residence
    • the Applicants' reasons and motivations for adopting the child
    • the Applicants' background and current residence
    • if there was any previous marriage, details of this will be determined and stated
    • the Applicants' relationship and their perceptions of each other
    • the Applicants' financial situation
    • the Applicants' extended family background and whether they are aware of the Adoption and supportive of it
    • the condition of the home
    • the child's condition
    • how the child interacted with the Applicants
    • the child's current educational situation
    • the child's attitude toward the Adoption
    • details about the child's sibling(s), if any
    • recommendations, including whether the Adoption will be in the best interest of the child.
If you have any questions or need any assistance with an adoption, please call us at 6535 1800.
About Lam & Co.
  • Here, we seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.
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Philip Lam - Singapore Divorce Lawyer

10 SIMPLE STEPS TO GET AN ADOPTION DONE

First of all, it is important to note that in the appropriate circumstances, it is indeed easy to get an Adoption done. However, any adoption is very challenging and a serious responsibility. You (and/or your spouse) should carefully consider before adopting. This is because any adoption will require a lot of commitment which will substantially change your life, the child's life and your family life.

Second, once you (and/or your spouse) have decided that adoption is for you, you will have to attend a Pre-Adoption Briefing. Lam & Co. can help you register for this. Just call us at 6535 1800. This briefing is compulsory and you (and where applicable, your spouse) should must attend it. It is a 2.5 hour, one-off session and is conducted in English, Mandarin and Malay. The briefing will cover:

  • the adoption process, including the eligibility criteria for adoption
  • your rights and responsibilities once you become an adoptive parent
  • the needs of an adopted child; and
  • sources of support for you and your adopted child.

Please call Lam & Co. at 6535 1800 for assistance registering for the Pre-Adoption Briefing.

For Foreign Nationals, please note that Singapore adoption orders made on or after 3 January 2014 will not be automatically recognized in England, Wales, Scotland or Northern Ireland. Because of this, at present, British nationals cannot adopt a child in Singapore.

For all other foreign nationals from the European Union, before identifying a child in Singapore or starting your adoption application, you must get a letter of support.

Please call Lam & Co. at 6535 1800 for assistance regarding the letter of support.

Third, you may have to get a Home Study Report. This is a comprehensive investigation into the background to the adoption and your family circumstances. It includes an assessment as to whether you and your spouse are eligible and ready to adopt a child. Each report is valid for only one adoption. Before identifying a child for adoption, or agreeing to adopt any child, you must apply for a Home Study Report -- unless you apply for and get a waiver.
Please call Lam & Co. at 6535 1800 for more information regarding the Home Study Report and waiver.

Fourth, you may identify a child for adoption on your own, through your relatives, relatives, acquaintances, or commercial entities, provided always that the source is legal and the transfer to you does not contravene the laws of any country. If you need any help, please call us at 6.535.1800.

Please note that Singapore law (Adoption of Children Act, Chapter 4, Section 11) prohibits any payment or reward to the biological parents for the adoption of their child unless sanctioned by (that is, allowed or permitted by) the Singapore court.

Fifth, please take not that the child must be a resident of Singapore before the Court will grant any Adoption Order. There is a technical definition of resident of Singapore for the purposes of the Adoption Act and you may have to apply for a Dependent's Pass for the child.

Please call Lam & Co. at 6535 1800 for more information on this as the situation depends on your circumstances.

Sixth, you must get the child's parents' Notarized Consent. If the parents are not available, you must get the Notarized Consent of the following persons:
  • 1. Natural parent(s) of child;
  • 2. Guardian of child;
  • 3. Person having actual custody of child;
  • 4. Person liable to contribute to the support of the infant; or
  • 5. Natural maternal and paternal grandparents of the child, where the natural parent(s) are below 21 years of age.
If you cannot get the Notarized Consent of any of the above persons, you will have to apply to court for their consent to be dispensed with. The court may do away with the requirement for Notarized Consent if there are special circumstances to justify this. Lam & Co. can assist you on the above step.

Seventh, you must get the child's identification documents and ensure that they are genuine. You must also prepare an itemized breakdown of the costs, if any, of obtaining the child, duly supported with original receipts.
Eighth, call Lam & Co. at 6535 1800 for help on applying to Court.

Ninth, if all goes smoothly, the Court will appoint the Guardian-In-Adoption. The Guardian-In-Adoption's duty is to safeguard the child's interests, to conduct the appropriate social investigations into the background to the adoption and submit an affidavit (sworn statement) to court. The Guardian-In-Adoption will, in turn, appoint a Child Welfare Officer. 

This officer will conduct interviews about your family and the child's situation and background. This officer may require you to attend interviews at the Ministry's office or other place and will also visit your home. After investigations and interviews have been completed, the Ministry will prepare an affidavit of its findings.

Tenth, the court will decide whether other parties such as the Child Welfare Officer or the child's biological parents need to be present at the hearing. 

The court will also, in due course, decide whether or not to grant the Adoption Order. The court will grant the order if and only if all legal requirements have been satisfied and it is in the best interest of the child to be adopted by the applicant(s).


Call Lam & Co. at 6535 1800 now.


About Lam & Co.
We seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.

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