Parliament passes new Bill to improve adoption laws and practices

REGULATING ADOPTION AGENCIES

As part of establishing a sound regulatory system for the adoption process, the Bill will require adoption agencies to publish their fees in a transparent manner and charge only permitted payments.

There are also new rules to penalise the use of fraud, duress, undue influence or other improper means to obtain consent to adoption, as well as deter the publishing of photos and information of children identified for adoption.

But MP Melvin Yong (PAP-Radin Mas) asked if these new measures are sufficient to combat “unscrupulous practices” in the adoption sector.

Citing a recent article by CNA, which followed the experience of a couple who had their adopted baby taken away after refusing to pay “questionable” additional fees to the birth parent and the adoption agency, he asked if this practice of having adoptive children “sold as merchandise” to the highest bidder was prevalent in Singapore.

In response, Mr Masagos said that while MSF does not have the data, it has heard of such practices and the Bill seeks to introduce measures to deter children from being commodified.

Turning to the issue of fees charged by adoption agencies, Mr Yong wondered if this can be regulated and gazetted in subsidiary legislation. Such fees can also be reviewed regularly in consultation with the industry to ensure that they are reasonable and updated.

Ms Denise Phua (PAP-Jalan Besar) suggested fee guidelines such as those set by the Ministry of Health for clinics so that there is an acceptable range of service fees. This will ensure that adoption agencies with good records get to remain in the business and support more families effectively.

Associate Professor Jamus Lim (WP-Sengkang) noted that while the new laws spell out fines for adoption agents that fail to comply with the new requirements, they appear “to fall short of taking the next step of holding frequent or flagrant violators to more permanent account”. 

It remains unclear, for instance, if authorities will permanently bar an individual or agency from the industry. He also asked if there will be a system for recording or investigating adoption agents, or an official registry of these private providers.

On a similar note, MP Louis Ng (PAP-Nee Soon) asked if authorities will consider implementing mandatory accreditation for all adoption agencies and publish a registry of those that are accredited.

In his closing speech, Mr Masagos replied that the Government’s approach is to focus on “the criminalisation of undesirable adoption practices”. 

“We will keep a close watch on the impact of the Bill on the adoption agencies’ practices and we are prepared to consider further measures in the future if necessary,” the minister said.

DISCLOSING ADOPTION EARLY

Other MPs who spoke were Mr Christopher De Souza (PAP-Holland-Bukit Timah) and Mr Dennis Tan (WP-Aljunied), who shared their personal journeys of adoption.

They supported the disclosure briefings that are newly mandated as part of the Bill.

Mr De Souza said that while he understood that many would be concerned about such disclosures affecting the child adversely, he believed this should be done as early as possible. 

“Inevitably, the child will realise that he or she is adopted, and he will wonder why it was kept a secret. He or she will think that perhaps there was something to be ashamed of,” he said.

A better approach is for adoptive parents to explain adoption in a manner that is positive and affirming and showing the child that he or she belongs to a family and is loved equally, added Mr De Souza, who has four children.

When his adoptive daughter was still young, he and his wife would tell her that “she came from her tummy mummy’s tummy, but she was born in our hearts”, he said. The phrase “tummy mummy” is sometimes used to refer to the biological mother.

Mr Tan said that while the Bill does not make it mandatory for parents to disclose the adoption to their adoptive children, the requirement in the legislation for prospective adoptive parents to attend briefings on disclosure is a “symbolic step” in the right direction.

He and his wife agreed at the onset of the process that they would make the disclosure, he said.

“We started by sharing with her stories on adoption even when she was a baby. In recent years, we started telling her that we are her adoptive parents. She knows that she has a tummy mummy and forever mummy,” he said, adding that she is now in Primary 1.

“We expect that in future years, we’ll have more and deeper conversations with her about her adoption.”

Ms Joan Pereira (PAP-Tanjong Pagar) asked how adopted children who wish to find out more about their birth family can do so and whether MSF will establish an adoption register.

MSF will further study steps that it can take towards greater disclosure such as the setting up of an adoption register, Mr Masagos said in response.

Nevertheless, all adoptive parents would generally be aware of the identities of their child’s adopted parents as a copy of their child’s original birth certificate must be submitted to the courts as part of the adoption application, he noted.

“Hence, adoptive parents can be the first port of call if their adopted children wish to contact their birth parents,” he said.