The Welfare Of The Child Is Paramount: How An Adoption Order Passed Without Consent Of Biological Parents

• Published date: 31 July 2020
• Law Firm: Withers LLP
• Author: Ms Shriveena Naidu and Philippa Hewitt

The cornerstone of family law in Singapore is that the welfare of the child is paramount. This was reiterated in the recent decision of Re B [2020] SGFC 46 ("Re B").

In Re B, the Family Court in Singapore made the surprising and difficult decision to override a biological parents' objections to allow a foster family to adopt a young 5 year old child. Re B serves as a timely reminder to all biological parents that they may lose their children to a foster family if remaining with their biological parents is not seen by the Court as being in their child's welfare.

Brief facts in Re B

The child that was the subject of Re B was born prematurely with his twin sister. The twins suffered from multiple medical concerns after birth, and had to stay in the hospital for care to be given to them. Specifically, the child was born with psoriasis, clubfoot and an inguinal hernia which required surgery.

The twins' biological mother had been incarcerated for a drug related offence only 7 months prior to the twins' birth. When the twins were born, their...