Family Law Matters: Adoption, Child Custody, and Wills and Probate in Singapore

Family law matters can be extremely complex and tough to navigate because of the emotions involved. Many of the issues, which include divorce, the custody and care of children, and Wills, bear the weight of personal stories and familial bonds. There are also legal formalities. 

1.1. What is Family Law in Singapore?

Family law constitutes a vital ecosystem in Singapore’s legal system. It focuses on matters integral to familial responsibilities and relationships, and encompasses a wide spectrum of legal concerns, such as divorce and inheritance. 

In Singapore, the family law framework aims to provide a structured approach to resolving disputes and handling familial matters while safeguarding the interests and well-being of all family members involved. This includes ensuring the best interests of children, helping divorced persons transition into a new phase of their lives, and preserving the principles of equity and justice within the family. A therapeutic approach is strongly advocated.

In this article, we will share more about various family law matters, the processes involved, as well as how family lawyers can help you with them.

PART 2 | ADOPTION

Adoption is a legal process in which an individual or a couple assumes the permanent responsibility of caring for and raising a child under 21 years old who is not biologically theirs. Adoption grants the adoptive parent(s) the same rights, duties, and obligations as biological parents when the child’s birth parents are unable or unwilling to care and provide for the child. 

2.1. Eligibility Requirements to Adopt in Singapore

The eligibility criteria for adoption in Singapore are outlined under the Adoption of Children Act 2022 (ACA), which came into force in 2023. These requirements are designed to ensure that prospective adoptive parents can provide a secure, safe, and nurturing environment for the adopted child. Here are the qualifications to be met:

A. Marital Status

Both singles and married couples are allowed to adopt a child in Singapore. However, if the marriage took place in another jurisdiction, the marriage must be recognised as valid in both Singapore and that other jurisdiction in order for the couple to be allowed to adopt in Singapore.

Usually, the approval for adoption by a sole applicant also depends on various factors, such as age, relationship to the child, and gender. 

B. Residency and Citizenship Status

In Singapore, only Singapore Citizens, Singapore Permanent Residents, and foreigners married to Singaporean spouses are allowed to adopt a child. 

For married couples, at least one spouse must be a Singapore citizen. If neither spouse is a Singapore citizen, they must both be Singapore Permanent Residents. All applicants must also be habitually resident in Singapore for a continuous period of at least one year immediately preceding the application for an Adoption Suitability Assessment. 

For single applicants, the applicant must be a Singapore citizen or a permanent resident and be habitually resident in Singapore. 

Applicants who are Permanent Residents, or foreign applicants married to a Singaporean citizen, must ensure that their home country will recognise Singapore’s adoption order, and the adoption will meet that country’s legal or immigration requirements.

C. Age

All applicants must be at least 25 years old and be at least 21 years (not exceeding 50 years) older than the child. 

D. Background

Individuals with a history of serious infractions, such as those of a sexual, violent, or drug-related nature, are not eligible to adopt a child. However, the court will also take into consideration exceptional circumstances, such as if the offence was committed when the applicant was a minor and he or she has since reformed. Such decisions will be left to the Family Justice Courts and will only be granted if the court is satisfied that the applicant will not pose any harm to the well-being of the child. 

2.2. Adoption Process in Singapore

Step 1: Attend Mandatory Adoption Briefings

The journey to adoption begins with attending mandatory adoption briefings conducted by authorised agencies accredited by the Ministry of Social and Family Development (MSF). This briefing will provide valuable insights into the adoption procedure and the responsibilities that come with parenthood through adoption. 

Step 2: Undergo an Adoption Suitability Assessment (ASA)

Prospective adoptive parents must undergo an Adoption Suitability Assessment conducted by MSF-appointed social service staff from authorised agencies. This evaluation looks into various aspects of the applicants’ lives, such as their personal history, family dynamics, financial stability, and living conditions, to ensure that they are well-prepared to provide a nurturing environment for the child. 

Step 3: Identify a Child to Adopt

Once the assessment is completed and the applicants are deemed suitable to adopt, they can explore potential matches with waiting children. A child may be identified through private contacts. However, how the child was sourced, matched, and placed under the applicant’s care must adhere to Singapore’s laws and the laws of the child’s country of origin. 

The MSF does not match prospective adoptive parents with children but can assist with the matching of children that are placed under the state’s care. 

Step 4: Apply for a Dependant’s Pass (for Foreign Child)

Applicants adopting a child from another country must apply for a Dependant’s Pass to legally bring the child into Singapore. This pass will allow the child to reside in Singapore and provides a foundation for his or her integration into the family. 

Step 5: Submit Adoption Application to Court

The prospective adoptive parents will need to initiate the legal process by submitting an adoption application to the court. The application should contain information about the child the applicants wish to adopt, the applicants’ suitability as parents, and supporting documents, which include:

A. Notarised consent of the biological parents; the legal guardian of the child; the person liable for the child; or the parents or guardian of the birth parents (where a biological parent is below 21 years of age); and

B. Itemised breakdown of costs involved in the transfer of the child. 

Step 6: Attend Court Hearing and Post-Adoption

Once the application is submitted, it will be reviewed by a judge in court. Applicants must attend the court hearing. If the court is satisfied that the adoption is in the best interests of the child, an adoption order will be granted, finalising the legal adoption. 

While it is not necessary to have a family lawyer assist you during the adoption process in Singapore, many people still choose to work with a family lawyer to ensure that all necessary paperwork is properly filed and submitted. A family lawyer can also guide you through the process and help you understand your rights and responsibilities. 

PART 3 | CHILD CUSTODY

Divorce is another aspect of family law, and a key part of divorce procedures in Singapore involves issues related to the care arrangements for the children of the marriage. Such disputes often arise because many parents going through divorce are in conflict and are unwilling to agree to arrangements. We share more about child custody and care and control below.

3.1. Types of Child Custody Arrangements in Singapore

Child custody refers to the legal arrangement that determines which parent (or guardian) will have the rights and responsibilities to make major decisions regarding the child’s life and upbringing. A parent may be granted custody over, but not care and control of, the child. This means that he or she can make decisions for the child but will not be the primary caregiver of the child. 

Usually, parties going through an uncontested divorce who are able to agree on their child’s custody will not have to go to court to secure a decision. They can negotiate on the terms best suited for their children. However, if there are disputes or disagreements, the court will decide on the child’s custody and care arrangements. 

There are four types of custody orders in Singapore. 

A. Sole Custody Order

A sole custody order grants only one parent the exclusive right and responsibility to make decisions that will significantly affect the child. The custodial parent will not need to consult the other parent when making such decisions. This arrangement is rare but will be ordered when the court determines that it is in the best interests of the child. 

Here are some situations in which sole custody might be considered:

• If the court finds that both parties are unable to communicate effectively or cooperate for the child’s benefit.
• If there is evidence of domestic violence, abuse, neglect or any situation that poses a risk to the child’s safety or well-being. 
• If one parent is unwilling or unable to care for the child. 

Sole custody orders are infrequently made. 

B. Joint Custody Order

A joint custody arrangement grants both parents the shared responsibility and authority to make major decisions regarding their child’s upbringing and welfare. It is the most common form of custody and is designed to encourage both parents to cooperate and participate in their child’s life. 

C. Hybrid Custody Order

In a hybrid custody order, only one parent will be given the authority to make decisions related to the child. However, the custodial parent must discuss such decisions with the non-custodial parent prior to making them. 

D. Split Custody Order

A split custody order is one in which children from the same family are placed under the legal custody of different parents. While split custody is a rare arrangement, it may be granted if:

• The children express strong preferences for such an arrangement; or
• The siblings have significantly contrasting needs that require different parents to cater to

These orders are rare.

3.2. Factors that Affect the Custody Outcome

Before the court makes decisions about custody arrangements, it will take into account a range of factors that will affect the child’s well-being, safety, and healthy development. They include:

A. Child’s Welfare and Best Interests

The court will evaluate all factors while prioritising the child’s welfare and best interests. The parents’ interests will not be the court’s only concern. 

B. Parent-Child Relationship

The quality of the relationship between each parent and the child is crucial. The court will assess the emotional bond, attachment, and overall connection that each parent has with the child. 

C. Parental Abilities and Willingness

The court will examine each parent’s ability and willingness to provide a safe, stable, and nurturing environment for the child. Factors such as parenting skills, emotional support, and involvement in the child’s life are considered. 

D. Parental Cooperation

The willingness of the parents to cooperate and communicate with each other for the child’s benefit is important. A history of effective communication and a demonstrated ability to work together can be positive factors. This will affect the type of custody order granted. 

E. Parental History

Any history of abuse, neglect, or issues that could impact the child’s safety of well-being will be taken into account. 

If you are facing child custody-related disputes, an experienced divorce lawyer can help safeguard yours and your children’s interests. Before resorting to the court process, however, we recommend going through divorce mediation first with your ex-spouse to come to an agreement on child-related matters. An agreement on child-related matters with your ex-spouse will reduce the amount of stress put on your child and encourage co-parenting. 

Learn More: Why You Should Consider Divorce Mediation

3.3. Care and Control and Access Arrangements

While child custody arrangements determine which parent(s) gets to make major decisions about the child, care and control establishes which parent the child will live with. The care and control parent will be the child’s caregiver and will be responsible for taking care of the child’s day-to-day needs. 

In some circumstances, shared care and control may be granted to both parents. This means that the time that both parents spend with the child will be split amongst the parents roughly equally. 

It is important to note that care and control does not necessarily mean exclusive physical custody or sole decision-making authority. Both parents are still encouraged to communicate and cooperate, and to make decisions jointly for the child’s benefit.

Access rights will be given to the parent who is not granted care and control of the child unless there are compelling reasons to restrict such access. This allows the parent to meet the child and maintain a relationship, which can be beneficial for the child. 

The court generally leaves access arrangements up to the parties to decide on. However, if the divorcing couple is unable to come to an agreement on matters, the court may decide on the access timings instead. It will take into account the below factors when outlining a schedule for access:

• The needs of the child
• What the child wishes
• The non-care and control parent’s relationship with the child
• The non-care and control parent’s last contact with the child

Access periods can include weekends, school holidays, public holidays, and even on  weekdays. 

Litigating child custody, care and control, and access can be taxing on not just the parents, but also emotionally stressful for the child. If possible, divorcing parties are recommended to settle such matters amicably, for example, through divorce mediation. 

Seeking help from a mediation lawyer will allow you and your ex-spouse to work things out calmly and devise a plan that will protect your child and prioritise his or her best interests. 

Contact us here to speak to a mediation lawyer. 

PART 4 | WILLS AND PROBATE

Wills and probate pertain to matters about estate planning and the distribution of a deceased’s assets following his or her death. It is an important part of family law and should not be overlooked. 

4.1. The Importance of a Will

Also known as a Last Will and Testament, a Will is a legal document that outlines a person’s wishes regarding the distribution of his or her assets and the management of his or her affairs after his or her death. The person making the Will is known as the testator. A Will serves several crucial purposes:

A. Asset Distribution

The primary purpose of a Will is to specify how the testator’s estate should be distributed among his or her beneficiaries (family members, friends, charities, etc.). Without a Will, the distribution may follow the laws of intestacy, which can result in assets being distributed in a way that does not align with the deceased’s preferences. 

Testators can also appoint an Executor or Executors that they trust, who will be responsible for carrying out the instructions outlined in the Will. The duties of an Executor may include gathering and distributing assets, paying debts and taxes, and handling other administrative tasks. 

B. Guardianship of Minor Children

Parents with minor children can make use of a will to appoint a testamentary guardian or guardians for their children in the event of their death. This ensures that the children’s well-being is entrusted to someone they trust and believe is suitable for this responsibility. 

C. Avoid Family Disputes

A clear and well-drafted Will with the testator’s wishes explicitly set out can help reduce the likelihood of misunderstandings and disagreements, preventing conflicts and disputes among beneficiaries. 

D. Asset Protection

Testators who are concerned that their beneficiaries might not be capable of managing large sums of money on their own can set up trusts through their Will. These trusts will provide ongoing financial support and protection for the beneficiaries. 

E. Avoid Lengthy Legal Proceedings

Without a Will, the distribution of a deceased’s assets may involve lengthy and costly legal proceedings. 

4.2. Drafting a Will

There are several steps to go through when drafting a Will in Singapore. Taking the right steps will ensure that your wishes are legally documented and carried out after your passing. 

In order to make a Will in Singapore, you must be at least 21 years old. The Will must be made in writing and should be signed by you at the foot or end of the Will, in the presence of two witnesses who are not beneficiaries of the Will. 

If you are thinking about making a Will, here is a guide to help you understand the process.

Step 1: Gather Information

Before you start drafting your Will, list all of your assets, liabilities, and any specific instructions you have regarding the distribution of your estate. This will help you organise your thoughts and ensure that all relevant information is included in the Will. 

Step 2: Choose Beneficiaries

Next, you will need to identify the beneficiaries your assets will be distributed to and the assets that each of them is to receive. If you have minor children, you can also appoint guardians to take care of your children in the event of your death. 

Step 3: Appoint Executors and Advisors

You should appoint individuals you trust to act as the Executors of your Will. There can be multiple Executors and the Executors can also be your beneficiaries. You can appoint advisors to assist the Executors in fulfilling their duties. 

Step 4: Include Revocation and Residuary Clauses

If you have any previous Wills, your new Will should include a revocation clause to clearly state that the new Will revokes any previous Wills you might have made. Such a clause helps prevent confusion about your intentions. A residuary clause should also be added to address how any remaining assets that are not specified in your Will should be distributed. 

Step 5: Draft the Will

Now that you have all the information to include in your Will, you can begin drafting your Will. You should use clear and unambiguous language when drafting your Will. You can either draft the Will yourself or seek legal assistance from a qualified family lawyer to ensure that your Will adheres to Singapore’s laws and regulations. 

After your Will has been drafted, it is advisable to review your Will periodically, especially after major life events like marriage, divorce, birth of children, or other significant changes in your financial situation. This ensures that your Will remains up-to-date and accurately reflects your wishes.

4.3. What Happens to the Will After Death?

When the testator passes and his or her beneficiaries want to distribute the testator’s assets, they will need the Executor named in the Will to apply for a Grant of Probate in the appropriate court. 

The Grant of Probate authorises the Executor to administer the estate in accordance with the testator’s wishes and transfer assets stored in financial institutions to the beneficiaries. Without a Grant of Probate, the distribution of assets cannot take place. 

Learn More: Difference Between Grant of Probate and Grant of Letters of Administration

As there are many documents to be filed when obtaining a Grant of Probate, we recommend seeking the assistance of a probate lawyer in Singapore. The probate lawyer will help you ensure that all your documents are prepared correctly and the legal procedures are followed accordingly. 

The documents the executor will need to prepare include:

• Details and documents relating to the estate
• The Executor’s NRIC
• Ex parte originating summons
• Statement
• Certified true copy of the testator’s death certificate
• Certified true copy of the Will
• Caveat and probate search
• Administration oath
• Supporting affidavit
• Schedule of assets
• Supplementary affidavit and schedule of assets (if necessary)

After the submission of documents, and if the court deems the estate as eligible for probate, the Executor or the probate lawyer representing the Executor can request the extraction of the Grant of Probate. 

The death of a loved one is emotionally stressful. Having to attend to probate matters whilst in the midst of grieving will exacerbate the emotional strain. It is advisable to enlist the help of a probate lawyer in such cases to allow a professional to handle complex legal work for you. 

PART 5 | FREQUENTLY ASKED QUESTIONS

1. How long does it take to adopt a child in Singapore?

The adoption process can take around six months to a few years and depends on various factors, such as whether there are available matches, as well as the complexity of each individual case.

2. How much does adoption cost?

There are various costs involved in adoption, including administrative fees, legal fees, and medical assessments. These fees may vary depending on your case.

3. How do I know if I am a good candidate to adopt a child?

Prospective adoptive parents must have the financial stability, physical health and mental well-being to provide children with a safe and nurturing environment. They must also not pose any risk of harm to the child. For example, if you have a criminal record related to any violent crimes or drug use, you will probably not be suitable to adopt a child.

4. How do I get full custody of my child?

To get full custody of your child in Singapore, you will need to demonstrate to the court that it will be in the best interest of the child for you to have custody of the child. This involves presenting evidence of your ability to provide a stable and supportive environment for the child. Consulting a family lawyer and following legal procedures is crucial for a successful custody application.

5. What is the difference between custody and care and control?

Custody refers to the legal right to make major decisions for a child, while care and control involves the child’s day-to-day living arrangements, including where the child lives and his or her daily routines. A parent can be granted custody but not care and control. 

6. Can parents agree on a custody arrangement without going to court?

Yes, parents can come to a mutual agreement regarding custody, care and control, and access arrangements through divorce mediation or negotiation. However, the court still needs to assess the agreement to ensure the child’s best interests are preserved before approving the agreement.

7. Can custody orders be modified?

Yes, custody orders can be modified if there is a substantial change in circumstances that warrants a reconsideration of the subsisting custody arrangement. This might include factors like relocation overseas, changes in a parent’s ability to provide care, etc.

8. Can grandparents or other relatives seek custody in Singapore?

In certain cases, such as where a child has absent or abusive parents, grandparents or other relatives can seek custody or care and control of a child if it is in the child’s best interests. The court will grant such orders if deemed necessary.

9. Do I need a lawyer in order to draft a Will in Singapore?

You do not need a lawyer to draft a Will, but it is recommended that you engage a lawyer to assist with drafting your Will to ensure legal validity and to address complexities in asset distribution.

10. What happens if I die without a Will in Singapore?

If you pass away without a Will in Singapore, your assets will be distributed according to the Intestate Succession Act, which may not align with your wishes.

11. How long does the probate process usually take in Singapore?

The probate process in Singapore typically takes about 6 to 12 months, but it can vary depending on the complexity and circumstances of the case.

Dealing with the intricacies of family law in Singapore requires a profound understanding of the legal frameworks and emotional dynamics involved. Whether you are thinking about adopting a child, facing child custody disputes, going through divorce, or planning to draft a Will, a family lawyer can be of great assistance to you. 

Quahe Woo & Palmer LLC has a team of experienced family, matrimonial, divorce, and probate lawyers who can guide you through complex legal proceedings. Get in touch with us today to speak to a lawyer.