Search the Community

https://www.scmp.com/news/asia/southeast-asia/article/2178279/singapore-allows-same-sex-fathers-adopt-their-surrogate-son Singapore allows two fathers to adopt their surrogate son in landmark ruling The two men are 45, of Chinese ethnicity, and are Singaporeans. The men have been in a relationship for 13 years, living together since 2003 The process was treated as single-parent adoption and will confer to one of the men sole parental rights and responsibility for the child PUBLISHED : Monday, 17 December, 2018, 12:16pm UPDATED : Monday, 17 December, 2018, 1:13pm In a landmark decision, Singapore’s highest court has allowed a gay couple to adopt their son, who was conceived through surrogacy in the United States. The case began in December 2014 when fathers “James” and “Shawn” applied for James – whose sperm was used for the assisted reproduction – to adopt their son, “Noel”, hoping to remove the stigma of illegitimacy. Their real names have not been disclosed. James and Shawn, who heard the news at 10.25am through their lawyers, were elated. They had gone to work as usual, despite knowing the judgment would be released on Monday morning. “It was business as usual because we didn’t want to get our hopes too high,” said James, who is a doctor. Booming surrogacy business is a legal grey area Shawn works in the marketing industry. Both men are 45, of Chinese ethnicity, and are Singaporeans. The men have been in a relationship for 13 years, living together since 2003. James said the family was happy and relieved that the High Court allowed the adoption of Noel. “The fight to raise our family in Singapore has been a long and difficult journey,” he said. “We hope that the adoption will increase the chances of our son to be able to stay in Singapore with his family. His grandparents and us really want Singapore to be the home of our family. Our family will celebrate this significant milestone.” His grandparents and us really want Singapore to be the home of our family. Our family will celebrate this significant milestone JAMES, FATHER The process was treated as single-parent adoption and will confer to James sole parental rights and responsibility for the child. Both fathers hoped this will make it easier for Noel, now four years old, to acquire Singapore citizenship. The South China Morning Post in January reported on the family’s legal limbo. Noel had been rejected for citizenship and at the time the fathers applied for his adoption, Noel was on a dependent’s pass that has since been renewed every six months. Last year, the couple had their bid rejected by the Family Justice Courts one day after Christmas, although District Judge Shobha Nair said Noel would be provided for, with or without an adoption order. The couple then appealed the decision in the High Court, and in a 145-page judgment released on December 17, Chief Justice Sundaresh Menon ruled the adoption should go through. He wrote the adoption would be for the child’s welfare “essentially because it would increase the child’s prospects of acquiring Singapore citizenship and securing long-term residence in Singapore”. The court considered Singapore’s public policy on same-sex families and its relation to this case as well as any policy violation if an adoption order was made, but thought neither reason was “sufficiently powerful to enable us to ignore the statutory imperative to promote the welfare of the child and, indeed, to regard his welfare as first and paramount”, the chief justice wrote. China looks at making surrogate motherhood legal This is Singapore’s first legal acknowledgement of same-sex families. James’s lawyer Ivan Cheong, partner at Eversheds Harry Elias, said the case was important because it showed how the Court would take in public policy considerations. “In the current case, notwithstanding that the court found that there is a public policy in favour of parenthood within the marriage and a policy against the formation of same sex units, the court found that the welfare of the child would be significantly promoted if an adoption order was made,” Cheong said. “At the end of the day, it is about what is in the child’s best interests.” Surrogacy in Hong Kong: all you need to know about the risks and legal ramifications The case has also provided clarity on surrogacy issues in Singapore, he said. The court found there was no public policy against planned or deliberate parenthood by singles through the use of assisted reproductive technology or surrogacy. Koh Tien Hua, partner at Evernsheds Harry Elias, who was also James’s lawyer, said this was the first time surrogacy and gay adoption was canvassed in court. The outcome showed that “family is important no matter the orientation of the parent and family is the cradle of society”. =========================================== never expected this, sure to be a shit storm in the usual religious circles soon. but dont see how the courts can throw the kid out.