legal advice on name changing

[Ting]

Hey Ting!

You're famous! I realized that you are indeed the first case....
Heard from MCYS that you are the first case to ask to adopt your own child on your own.... haha....

I got inside scoop one!

wah serious!!
i haven even apply yet!!

btw, u know the guy name jack from service bureau??
tt time i went he wasnt there, wanna get more info from him b4 i proceed.

 

[masayuki]

wah serious!!
i have not even apply yet!!

btw, you know the guy name jack from service bureau??
that time i went he wasnt there, wanna get more info from him before i proceed.

Haha.... nopes.... dun know him.... heard from some MCYS officers what some single mum when to ask something about adopting her own child....

Then I thought.... Ting! :tlaugh:

Then again, it's a weird thing, you might need a special order from the courts since you're under 25 but yours is a special circumstance....

Not sure how much more complications there would be, but it'll be easier to adopt as a married couple....

 

[Ting]

under 25??
i tot as long abv 21 can alr???
i also know it is easier as married couple.
my bf is asking me wanna ROM first then proceed anot lehh...

 

[masayuki]

under 25??
i thought as long abv 21 can already???
i also know it is easier as married couple.
my bf is asking me wanna ROM first then proceed anot lehh...

Good what! Go ROM first.... Remember to invite me to your tea reception :tlaugh:

Restrictions on making adoption orders.
4. —(1) An adoption order shall not be made in any case where —

(a) the applicant is under the age of 25 years; or
(b) the applicant is less than 21 years older than the infant in respect of whom the application is made.

(2) Notwithstanding subsection (1), it shall be lawful for the court, if it thinks fit, to make an adoption order —

(a) where the applicant is under the age of 25 years and less than 21 years older than the infant if —
(i) the applicant and the infant are within the prohibited degrees of consanguinity; or
(ii) in other special circumstances which justify as an exceptional measure the making of an adoption order where the applicant and the infant are not within the prohibited degrees of consanguinity;

(b) in the case of an application by two spouses jointly where one of the spouses and the infant are within the prohibited degrees of consanguinity, notwithstanding that the other spouse is under the age of 25 years and less than 21 years older than the infant; and

(c) in the case of an application by two spouses jointly where neither spouse is within the prohibited degrees of consanguinity with the infant, notwithstanding that one or both the spouses are less than 21 years older than the infant.

 

[Ting]

still very confusing.
but if ROM alr then below 25 is okay?

 

[masayuki]

This is where the act confuses most people....
Let me put it in another way:

The court must be satisfied that all the requirements for an adoption order to be made are complied with, namely, requirements relating to:

i) age of infant and petitioner:
a) infant is not married - S 3(1)
b)person to be adopted is under the age of 21 - S 3(2)
c)petitioner is at least 25 years of age and 21 years older than the infant - S4(1) (a) & (b)

The exceptions to c) are found in S 4(2):
-4(2)- infant and petitioner are within the prohibited degrees of consanguinity (see Women's Charter Cap 353, First Schedule, 353 for the prohibited degrees of relationship)

- there are special circumstances which justify as an exceptional measure, an adoption order being made

- joint application by spouses where one of the spouses is within the prohibited degrees of consanguinity

- application by two spouses jointly and both of them are at least
25 years of age.

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Your key in this case would be:

The exception:
- joint application by spouses where one of the spouses is within the prohibited degrees of consanguinity

Under this exception, there is no requirement for age stated.

So if you're married and the child to be adopted is related by blood to you or your spouse, the exception kicks in.

You need not be at least 25 and 21 years older than your child in this case....

:tlaugh:

 

[Ting]

ohhh~ now i kinda get it.haha, though still abit confusing, but i understand on my part..
thanks sam!

 

[wendyy]

need some advice. If we are already divorced & i wanted to change my daughter's name/surname, do i have to get his consent? will it be ex to get a lawyer to do it?

Hi,

If he is contactable, and has not been contributing to the child since birth, his claim for custody of the child will most likely fail....

It is better now to keep receipts and document how he has always been missing and as a result causing hardship to yourself and your child, this will prevent him from ever gaining custody....

One thing to clarify with Ting as well....
You know the declaration to be signed by the father?
I did some more checks on the legality of the document and it appears that it's a grey area....

Legally, the father can still go to court to try to get custody of the child, but since he has signed a contract to give up care and custody, you can sue him for the breach of that contract....

You can also keep all receipts and a book of expenditure so you can use it together at the family court if the father tries such a stunt.... Plus you can sue him in court for the breach of contact....

This should keep most stupid men away....

Cheers,
Samuel