Adoption in Singapore (Adoption of Children Act 2022)

The current law: the Adoption of Children Act 2022

Adoption in Singapore is governed by the Adoption of Children Act 2022 (Act No. 20 of 2022). It came into operation on 15 October 2024 and, by section 76, repealed the Adoption of Children Act 1939. Older guides that cite the 1939 Act are out of date. An adoption is made by an order of the Family Justice Courts, which permanently transfers parental rights and duties to the adopters.

This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation. Information last verified on 23 July 2026.

Who may apply to adopt

Section 4 sets out who may make an application. In broad terms, an application may be made either by two people who are married to each other, applying jointly, or by a single individual. There are residence and status conditions: the applicants must be habitually resident in Singapore, and there are requirements tied to Singapore citizenship or permanent residence. A marriage solemnised under the Administration of Muslim Law Act or under the Women’s Charter both qualify a couple to apply, on the same footing.

Section 5 then sets out disqualifying conditions. An applicant is generally not eligible if a sole applicant, or either of the joint applicants, is below 25 years of age, or is less than 21 years older than the child. A sole male applicant generally cannot adopt a female child. An applicant convicted of a prescribed offence is also excluded.

The court may still allow an application that falls outside these limits in defined situations under section 5(2), for example where the child and applicant are within the prohibited degrees of relationship, where one spouse applies alone with the other’s consent, or where the court finds special circumstances that justify making the order as an exceptional measure. In that last situation the court must consider whether the Guardian-in-Adoption supports the order.

The child

Section 6 deals with the child. The child must be resident in Singapore. A child who is here only on a visit, a student pass or a special pass, or who is here unlawfully, is treated as not resident for this purpose. A child who is or has been married cannot be adopted.

Consent

The court must not make an adoption order unless the consent of every relevant person, which normally means each birth parent or guardian, has been validly obtained or dispensed with by the court. This is section 26.

Consent is only validly obtained if it is given after the required information has been provided, is in writing in the prescribed form, is witnessed by two witnesses who are present together and each aged 21 or older, and is attested by a solicitor, a commissioner for oaths, a notary public, or another person authorised to administer oaths.

Dispensing with consent is a separate and harder track. The Act allows the court, in defined circumstances such as ill-treatment or where a child is in need of care and protection, to dispense with a person’s consent altogether. That is not the same as a parent simply agreeing, and it is not lightly done.

The Guardian-in-Adoption

The Guardian-in-Adoption is a statutory office that plays an active role throughout the proceedings. Under section 27 the Guardian-in-Adoption must file an affidavit investigating the circumstances of the child, the relevant persons and the applicants, and must assess matters such as whether consent was validly obtained, whether the applicants are suitable, the child’s own wishes where the child is of a suitable age and maturity, and whether an order would be for the child’s welfare.

Under section 28 the court must give due consideration to that affidavit. The Guardian-in-Adoption may also arrange medical, psychiatric or psychological assessments where needed. This is a genuine welfare check that the court is required to weigh, not a rubber stamp.

Welfare of the child is paramount

Section 42 is the gatekeeping provision. The court must not make an adoption order unless it is satisfied that every relevant person whose consent is required has freely consented and understands the nature and effect of the order, including that a birth parent will be permanently deprived of parental rights; that the order will be for the welfare of the child; and that the applicants have the appropriate character and fitness and are suitable to adopt. In assessing welfare the court must give due consideration to the child’s own wishes, having regard to the child’s age and maturity.

Religion is not an eligibility bar under the Act

A common misconception is that there is a legal ban on adopting a Muslim child, or a rule that only a Muslim family may do so. There is no such bar in the Adoption of Children Act 2022. The Act contains no eligibility gate, consent rule or restriction tied to the religion of the child or the applicants.

The preference people have in mind is a religious and administrative placement guideline. The Ministry of Social and Family Development and the Fatwa Committee encourage that a Muslim child be adopted by a Muslim family so that the child’s faith is protected. That is a placement practice pursued by agencies, not a prohibition written into the adoption law. A separate point, which belongs to inheritance rather than adoption eligibility, is that under Muslim inheritance rules an adopted child is not an automatic heir and can benefit only through the one-third bequest that Muslim law allows.

How to apply

In outline, the process runs through the Ministry of Social and Family Development and the Family Justice Courts: a pre-adoption briefing, an Adoption Suitability Assessment, the court application, the Guardian-in-Adoption’s affidavit, and the hearing. The specific steps, timelines and forms are set by MSF and the courts and are updated from time to time, so confirm the current requirements on the MSF adoption pages before you file. For related family matters, see the family law in Singapore section.