The Same Man’s Application Was Denied Last December In The Lower Courts
On Monday (17 Dec), the High Court overturned a previous decision, allowing a gay Singaporean doctor to adopt his 4-year-old son conceived through a surrogate mother in the US.
Child’s welfare was “first and paramount”
The child’s welfare was deemed “first and paramount” by the court when reaching its decision.
Chief Justice Sundaresh Menon said when delivering the 3-judge panel’s verdict that,
the concern not to violate the public policy against the formation of same-sex family is not powerful enough to ignore the imperative to promote the welfare of the child.
Allowing the boy to be adopted by his gay father will significantly increase his chances of securing citizenship in Singapore — where his biological father resides.
This will help boost the child’s sense of security, emotional well-being, and the long-term stability of his care arrangement.
Justice Menon also stated that the decision should not be interpreted as an endorsement of surrogacy.
Previous application rejected by the lower courts
The 46-year-old pathologist’s application was previously denied by the lower courts in Dec 2017.
The basis for that decision was that the boy could not have been conceived using the same procedure, since surrogacy is banned in Singapore.
Thus, the man should not be granted permission to adopt the child in a Singaporean court.
The surrogate procedure used to conceived the child was a joint decision by the gay doctor and his long-term partner. The two men have cohabited for 13 years.
Before embarking on the procedure, the pair first approached the Ministry of Social and Family Development to inquire about adopting a child. The pair was however told that it was unlikely to recommend adoption by a gay couple.
The gay pathologist then flew to Pennsylvania, where his sperm was used to impregnate the egg of an anonymous donor, using in-vitro fertilisation.
The embryo was then transplanted into the womb of another woman, who then carried it to term.
The medical procedure reportedly cost the pair roughly S$275,000.
“Overjoyed and happy”
Lawyer Ivan Cheong, who represents the gay doctor, shared that his client was “overjoyed and happy” about the landmark decision, as the child’s welfare has been “upheld”.
All of us at MS News are heartened by the court’s decision, and we wish the young boy all the best for his future.
Do you agree with the court’s ruling? Let us know down below.
Featured image from Young Parents.
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