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Singapore court rejects bid by gay man to adopt child he fathered through surrogacy


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Singapore court rejects bid by gay man to adopt child he fathered through surrogacy

Senior Law Correspondent
 

 

SINGAPORE - A gay Singaporean man travelled to the United States and paid US$200,000 to father a boy through surrogacy arrangements. A district judge has rejected his bid to adopt the child - now four years old - whom he brought back with him to Singapore.

The Adoption of Children Act "did not envisage the specific situation this case presents", the court said.

The Singaporean man, a doctor, has been in a gay relationship with a partner here for 13 years. They approached the Ministry of Social and Family Development to inquire about the possibility of adopting a child, but were told that the ministry was unlikely to recommend adoption of children by a homosexual couple.

The man then travelled to the US where his sperm was used to impregnate the egg of an anonymous donor, using in-vitro fertilisation (IVF) procedures.

The embryo was then transplanted into the womb of another woman, who offered to carry it to term for US$200,000.

As the biological father of the child, the Singaporean was allowed to bring the child back here to live with him. He started adoption proceedings to "legitimise his relationship with the child", the court heard.

 

His application has been turned down by District Judge Shobha Nair.

In judgment grounds released on Tuesday (Dec 26), she pointed out that as a doctor, the man was fully aware that Singapore does not condone surrogacy - in which a woman agrees to carry to term a child who is not her own, usually for a fee. Also, the use of IVF is confined to married couples, under Singapore law.

Having carried out the procedure in the US, the man now wanted Singapore courts to sanction the adoption by pointing to the "welfare of the child" principle, the judge said.

She said the applicant, being a doctor, was "acutely aware that the medical procedures undertaken to have a child of his own would not have been possible in Singapore".

"He cannot then come to the courts of the very same jurisdiction to have the acts condoned."

The applicant's lawyers Koh Tien Hua, Ivan Cheong and Shaun Ho denied that he was seeking to adopt the child so as to form a lawfully recognised family unit with his partner - in effect a gay family.

Judge Nair was not swayed by the arguments. "This application is in reality an attempt to obtain a desired result - that is, formalising the parent-child relationship in order to obtain certain benefits such as citizenship rights, by walking through the back door of the system when the front door was firmly shut."

Then, there was the issue of a large sum of money being paid to the surrogate mother.

"The very idea of a biological father seeking to adopt a child after paying a surrogate mother a sum of US$200,000 to carry his child to term reflects the very thing the Adoption Act seeks to prevent - the use of money to encourage the movement of life from one hand to another," said Judge Nair.

The welfare of the child was not the issue either in this case, as he would continue to get a roof over his head, food on his table and a good support system - with or without an adoption order.

"The applicant is the only parent he knows. The child will continue to be in his care," the judge said.

The applicant also retained his rights to the child as the biological father, said Judge Nair.

And the only argument supporting the issue of the child's welfare was that he might obtain Singapore citizenship if the adoption went through. "There is no evidence, however, that he will in fact obtain citizenship," the judge said.

She added: "The immigration authorities act independently and will issue (their) own decision on the matter."

Judge Nair also pointed out that the child was not stateless. He was an American citizen. In any case, she said, "this court cannot by an adoption order enable Singapore citizenship".

Nor was she inclined to allow the application on the grounds that the applicant may have to move overseas, if his child was not granted Singapore citizenship. "The reason for the birth of the child in the US was precisely because it was not possible in Singapore," she said.

The judge added that an adoption order in this case would serve no purpose other than to ensure that the interests of the adult are not compromised.

"It does not further the interest of the four-year-old child. A four-year-old child will thrive anywhere in the hands of loving people."

The judge also made it clear that the court was not ruling on what a family unit ought to be like or on what acceptable patterns of behaviour were.

"This court is obligated to interpret the law and not make it. The law mirrors the morality and wishes of the majority of Singaporeans... this case has very little to do with the propriety and/or effectiveness of same-gender parenting."

 

 

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but why is there the need for the doctor to "legitimise his relationship with the child", when he is already the child's biological father? It's almost like a parents raising adoption papers to adoption their own kids.

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4 minutes ago, Guest Guest said:

but why is there the need for the doctor to "legitimise his relationship with the child", when he is already the child's biological father? It's almost like a parents raising adoption papers to adoption their own kids.

 

The implications are lawful rather than biological, because it is not explicitly stated that by law, this child is his. It's not legitimate, and hence any major decisions regarding this child might not be determined by the father even though he is biologically his father. 

Tech Reviewer on Rhyn Reviews and YouTube: https://youtube.com/rhynreviews.

 

 

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4 hours ago, Rhyn said:

 

The implications are lawful rather than biological, because it is not explicitly stated that by law, this child is his. It's not legitimate, and hence any major decisions regarding this child might not be determined by the father even though he is biologically his father. 

 

Not exactly accurate. The child is, legally, an american citizen due to the partner being american, so any major decisions could still be conducted by the american partner. Now, what the child cannot do is enjoy the privileges of the SG citizenship (education subsidies, baby bonus, tax reliefs for the parents etc etc)[super]1[/super] as stated by the judge. On hindsight, he was silly to argue the legality based on welfare of the child when it clearly wasn't compromised. All the judge did was enforce what is written in the law.

That said, as a member of the lgbt community, it really does sting a bit when I'm at the stage where I can see myself having a kid with my bf. 

 

Edited by EasleyLim
 

 

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Guest Loo Soo Kiat

INGAPORE - The Ministry of Social and Family Development (MSF) laid out its policy on adoption on Wednesday (Dec 27), when it commented on a court decision on a gay Singaporean doctor's bid to adopt a child he had fathered through surrogacy in the United States.

It said its position is "informed by Singapore's public policy, which encourages parenthood within marriage".

"Planned and deliberate parenthood by singles, as evidenced through the intentional use of assisted reproduction and/or surrogacy, runs contrary to this," an MSF spokesman said in an e-mailed response to queries from The Straits Times.

According to past media reports, surrogacy is not explicitly banned here, although the Health Ministry's guidelines prohibit assisted reproduction centres from practising surrogacy.

The MSF, in comments made on the failed bid on Wednesday night, said all adoption applications are assessed on a case-by-case basis.

The factors it considers include the applicant's parenting capacity, parenting beliefs, family circumstances, support network and ability to meet the child's long-term needs.



"The best interests of the child are the primary consideration when the Guardian-in-Adoption assesses each adoption application," said the spokesman.

She explained that the director of social welfare, as the appointed Guardian-in-Adoption, opposed the Singaporean doctor's application on policy grounds.

But the Family Justice Courts make the final decision on adoption applications, taking into account various factors such as the assessment and recommendation of the director of social welfare.

"The Adoption of Children Act prohibits any payment or reward to the biological or adoptive parents for the adoption of the child, except with the sanction of the court," the spokesman added.

She also reiterated the court's stand, which is that the doctor's adoption application is a case of "intentional and deliberate parenthood by a single to conceive a child through procedures which are not allowed in Singapore".

In any case, she said, "the welfare of the child is not affected by the dismissal of the adoption application, and the child, who is a US citizen, will continue to be in his father's care".

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Just now, EasleyLim said:

 

Not exactly accurate. The child is, legally, an american citizen due to the partner being american, so any major decisions could still be conducted by the american partner. Now, what the child cannot do is enjoy the privileges of the SG citizenship (education subsidies, baby bonus, tax reliefs for the parents etc etc)<sup>1</sup> as stated by the judge. On hindsight, he was silly to argue the legality based on welfare of the child when it clearly wasn't compromised. All the judge did was enforce what is written in the law.

That said, as a member of the lgbt community, it really does sting a bit when I'm at the stage where I can see myself having a kid with my bf. 

 

 

In context to Singapore law, not sure if it's obvious or not

Tech Reviewer on Rhyn Reviews and YouTube: https://youtube.com/rhynreviews.

 

 

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1 minute ago, Rhyn said:

In context to Singapore law, not sure if it's obvious or not

 

In context of sg law, the overtones is definitely discriminatory. Fucking 377A specifically mention anal between man and man. Woman and man can have all the anal if they want but not male x male, lmao. In any case, I agree with the judge's decision and the doctor is really just trying to "test system". 

 

 

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I believe the doctor deliberately tested the system. As to whether or not it might set a precedent remains to be seen as this case is awfully specific. 

19 minutes ago, EasleyLim said:

 

In context of sg law, the overtones is definitely discriminatory. Fucking 377A specifically mention anal between man and man. Woman and man can have all the anal if they want but not male x male, lmao. In any case, I agree with the judge's decision and the doctor is really just trying to "test system". 

 

Anyway, most of Singapore's laws are drafted really quickly (some recent laws passed are so shady like wtf no warrant needed to come in and investigate you?) and now they're aging. It's about time some of them change to fit the current social and cultural context. 

Tech Reviewer on Rhyn Reviews and YouTube: https://youtube.com/rhynreviews.

 

 

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The interpretation of the law will evolve over time. The important thing is the well-being of the child. As pointed out by the judge, there is no precedent for situations like this, and therefore the law is not able to fully apply. However, what is applicable are the existing laws on surrogacy etc. which are in place. Sting as it may to the LGBT community, this case may become the forerunner for changes/updates to the existing laws on adoption/surrogacy etc. 

 

 

Love. 

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I m impressed by the doc

he should know that homosexuals are NOT allowed to adopt in sg

 

it s not a new law in sg and he must be dreaming that thinking doing the surrogacy in USA, will allow him the flexi to adopt it sooner or  later, wait till the child reach 18yo, by then sg laws will change?
Docs spent year studying before they can prac

"Singapore does not condone surrogacy - in which a woman agrees to carry to term a child who is not her own, usually for a fee. Also, the use of IVF is confined to married couples, under Singapore law"

 

I felt many in this bw tend to think using wrong body parts: just like what the judge mentioned: ..." by walking through the back door of the system when the front door was firmly shut."

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Guest Dunthinkso
2 hours ago, EasleyLim said:

 

Not exactly accurate. The child is, legally, an american citizen due to the partner being american, so any major decisions could still be conducted by the american partner. Now, what the child cannot do is enjoy the privileges of the SG citizenship (education subsidies, baby bonus, tax reliefs for the parents etc etc)[super]1[/super] as stated by the judge. On hindsight, he was silly to argue the legality based on welfare of the child when it clearly wasn't compromised. All the judge did was enforce what is written in the law.

That said, as a member of the lgbt community, it really does sting a bit when I'm at the stage where I can see myself having a kid with my bf. 

 

 

It isn’t stated anywhere that the partner is American. I think the child is American as he was born in America. Correct me if I’m wrong.

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The doc could have lied about the surrogacy n said it is a ons n the mother give up the child n now want to adopt without stating any gay partner ... Possible?

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Guest Big big bootie
1 hour ago, Guest Woodie said:

The doc could have lied about the surrogacy n said it is a ons n the mother give up the child n now want to adopt without stating any gay partner ... Possible?

 

I used to think like this too. 

 

Live a life of lies.

 

Lie to your mother that friend sleeping over is helping to fix broken computer.

 

Lie about going away for dirty weekend as conpany retreat.

 

Lie about lesbian friend as potential fiancee when attending company function when about to be promoted.

 

Lies, lies , lies.

 

When are u gonna start living truthfully.

 

 

 

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Guest So be it!!!

The child cannot become a singaporean?  So be it,  it will be to the best interest of the child to be an American.  The child will be happier in American than in Singapore.

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they rather give citizenships to foreign talents from third world countries who come in here via employment pass with fake degrees. This group of new citizens will certainly vote for them.

 

This doctor already showed resentment at this moment by launching a lawsuit. It's not likely that he, or his son when he reaches 21 will vote for them.

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I think that this is a good case that surfaced. It allows people to talk about it and it brings about professionals to be able to discuss and work towards a legal solution if possible on this topic. I definitely empathize with the situation as I myself picture having kids with my bf in future as well. Having cases like this hitting the headlines spurs on discussion, whether for good or for bad remains to be seen, but nonetheless, an essential aspect for growth and progression. I think he may be paving the way for the rest of us who wants to walk down the same path and he might be challenging the laws for the sake of betterment regarding surrogacy in the LGBT community. 

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47 minutes ago, Lennon said:

I think that this is a good case that surfaced. It allows people to talk about it and it brings about professionals to be able to discuss and work towards a legal solution if possible on this topic. I definitely empathize with the situation as I myself picture having kids with my bf in future as well. Having cases like this hitting the headlines spurs on discussion, whether for good or for bad remains to be seen, but nonetheless, an essential aspect for growth and progression. I think he may be paving the way for the rest of us who wants to walk down the same path and he might be challenging the laws for the sake of betterment regarding surrogacy in the LGBT community. 

You think too highly of singaporeans, and in particular  the LGBT communities


Will the LGBT communities come out and make known their concern???

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59 minutes ago, Lennon said:

I think that this is a good case that surfaced. It allows people to talk about it and it brings about professionals to be able to discuss and work towards a legal solution if possible on this topic. I definitely empathize with the situation as I myself picture having kids with my bf in future as well. Having cases like this hitting the headlines spurs on discussion, whether for good or for bad remains to be seen, but nonetheless, an essential aspect for growth and progression. I think he may be paving the way for the rest of us who wants to walk down the same path and he might be challenging the laws for the sake of betterment regarding surrogacy in the LGBT community. 

 

I cannot agree more with you. I think the good doctor is spurring discussion by testing the limits of our current laws and paving the way for those who wish to go down this path. Being part of a long oppressed community, we should rally together and stand by one another. Whoever that doctor is, he is a champion on this issue and our unsung hero. Of course it takes someone with both the guts and the means to pull this off.

 

Thank you doc! We salute you.

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4 minutes ago, Guest Kudos said:

 

I cannot agree more with you. I think the good doctor is spurring discussion by testing the limits of our current laws and paving the way for those who wish to go down this path. Being part of a long oppressed community, we should rally together and stand by one another. Whoever that doctor is, he is a champion on this issue and our unsung hero. Of course it takes someone with both the guts and the means to pull this off.

 

Thank you doc! We salute you.

There is a surrogacy discussion thread (compiled) in the main forum.  We need people to come in a group.

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I'm not sure if I'm correct about my gut feel but I think most of us in the community can't really identify with this case,

because:

 

1. We don't see ourselves or with our partners going down the same route

2. We think surrogacy is expensive and is mostly for the well-off

3. I think a lot of the couples are mostly about just couplehood and not really about a 'family' unit with children.

4. Such concept has yet to gain proper understanding and appreciation, especially in Asian societies?

  

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Guest Americana
27 minutes ago, mate69 said:

I'm not sure if I'm correct about my gut feel but I think most of us in the community can't really identify with this case,

because:

 

1. We don't see ourselves or with our partners going down the same route

2. We think surrogacy is expensive and is mostly for the well-off

3. I think a lot of the couples are mostly about just couplehood and not really about a 'family' unit with children.

4. Such concept has yet to gain proper understanding and appreciation, especially in Asian societies?

  

Taipei has alot. They are more influenced by american culture than us, being somewhat just across the pond from them.

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For those who think they may not need surrogacy, think again.

 

Take a walk to any nearby polyclinic, and see the old age.  Some are fortunate, they have children, and their children employ a maid to bring them to see doctor.  There are some who are put inside old-folks home and they are accompanied by health attendant of the nursing home.

 

Think about yourself when you are 75, you will not forever be 35.

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6 hours ago, Andrew ang525 said:

You think too highly of singaporeans, and in particular  the LGBT communities


Will the LGBT communities come out and make known their concern???

Well, amidst every opressed community, deep seated fear exists in concern to establishing their grounds against discrimination. However, it is changing with many fighting for our cause. While many of us drew our swords with hollow bravery, this doctor has chosen to take to the front lines. Similar to how the coloured fought for their rights in America within the last few decades and succeeded, the LGBT community in Singapore have been valiantly doing the same. We might not see the results within our generation but the efforts cannot simply be dismissed just because. You too, have done an exceptional favour for the community by starting a discussion thread on surrogacy and sharing freely your experience on the matter. Doesn’t that count towards something? :) It isn’t that I think too highly of Singaporeans, but neither do I look at them as a total hermit waiting for things to be served to them. It takes real guts and, of course, the means to be able to stand up for themselves and the cause. People have to built some form of credibility before they can take to the stand to express their views and concerns and hopefully make a change. 

5 hours ago, Guest Kudos said:

 

I cannot agree more with you. I think the good doctor is spurring discussion by testing the limits of our current laws and paving the way for those who wish to go down this path. Being part of a long oppressed community, we should rally together and stand by one another. Whoever that doctor is, he is a champion on this issue and our unsung hero. Of course it takes someone with both the guts and the means to pull this off.

 

Thank you doc! We salute you.

It most certainly takes an elevated level of bravery and as you have mentioned, the means to accomplish this! 

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4 hours ago, Andrew ang525 said:

For those who think they may not need surrogacy, think again.

 

Take a walk to any nearby polyclinic, and see the old age.  Some are fortunate, they have children, and their children employ a maid to bring them to see doctor.  There are some who are put inside old-folks home and they are accompanied by health attendant of the nursing home.

 

Think about yourself when you are 75, you will not forever be 35.

 

It is very common for children pushing responsibilities when come to taking care of aged parents.  Given an option, I rather have money but no children than having children but no money. Anyway, once you have money, children will be very likely to take care of you. 

Don't read and response to guests' post

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5 hours ago, Andrew ang525 said:

For those who think they may not need surrogacy, think again.

 

Take a walk to any nearby polyclinic, and see the old age.  Some are fortunate, they have children, and their children employ a maid to bring them to see doctor.  There are some who are put inside old-folks home and they are accompanied by health attendant of the nursing home.

 

Think about yourself when you are 75, you will not forever be 35.

even if we are all Asians, this is just one school of thought

 

one should be very independent, I don't think all the rest of the non-Asian think like that

it seemed like kids' mission to accompany their elderly one day

and u made the rest without them, looks like a plight

 

 

in our grandparents' era, they usu have loads of offsprings, in this era, many just have one and all grown up to work in America etc

w a normal hosp checkup, they r nt flying back

and I have friends who choose not to have any kids too

 

some tried ivf but failed all the time (there is a limit to it)i encouraged them, this is not a failure if u do not have kids
it is equally great to have no kids

 

I agree w most of the points raised by Leanmature

 

and there r many gays and lesbians (be it in taiwan or whichever asia ctry) coming out of the closet, don't ever let the child issue be an arguing point to prevent that

there is no reason to shift out of sg or change nationality due to certain laws (kids should never be an issue when admitting to the world that we are gays, v soon the noble meaning of 不孝有三,无后为大 will come in, it is going to be endless)

45 minutes ago, LeanMature said:

 

It is very common for children pushing responsibilities when come to taking care of aged parents.  Given an option, I rather have money but no children than having children but no money. Anyway, once you have money, children will be very likely to take care of you. 

 

 

 

Edited by lovehandle
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This is an isolated case where a surrogate mom was enlisted.

However to be very honest with myself,I really don't see the need to have offsprings.

Not because I'm "super" gay but parenthood just isn't on my bucket list.

 

Coming from traditional Chinese family, I don't think it is affirmative to say, children will look after their aged parents.  I was looking after my aged mother (with the tremendous assistance from that wonderful Indonesian domestic helper). 10 years in all..when she started her need for wheelchair.  

 

As for me, I don't think I will volunteer to live once my basic needs are dependent on others.  It could be time for euthanasia(?)

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The mindsets of the people at the Top who are making the decisions, I think they are very conservative and out of touch with the vibrant local community here or around the world. Not everyone fall into their Standard Parenthood Principle ( Only One Man + One Woman who have married can be a proper parent? This is bullshit!) They are forcing everyone to adhere to this ridiculous rule but we know those who need help the most are those Single Mother/Single Father. Gay or Straight Both are facing the same discriminations!

 

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5 hours ago, RyanX said:

The mindsets of the people at the Top who are making the decisions, I think they are very conservative and out of touch with the vibrant local community here or around the world. Not everyone fall into their Standard Parenthood Principle ( Only One Man + One Woman who have married can be a proper parent? This is bullshit!) They are forcing everyone to adhere to this ridiculous rule but we know those who need help the most are those Single Mother/Single Father. Gay or Straight Both are facing the same discriminations!

 

 

1 hour ago, starlioned said:

Ask yourself did u vote for change at the last general  election? Maybe u did, but most did not. They chose to be bribed and intimidated.

This is typical Sg mentality and reaction, vote against reason n then gripe and lament afterwards. 

We are a ridiculous democracy, socialist or otherwise, where the majority are Held ransom by a minority... 

I had a thread following how Taiwan LGBT faught to legalize same-sex marriage .  I doubt our singaporean LGBTs are willing to come and make their voice heard.

 

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1 hour ago, starlioned said:

Ask yourself did u vote for change at the last general  election? Maybe u did, but most did not. They chose to be bribed and intimidated.

This is typical Sg mentality and reaction, vote against reason n then gripe and lament afterwards. 

We are a ridiculous democracy, socialist or otherwise, where the majority are Held ransom by a minority... 

I think it wouldnt matter much which government is running Singapore at this very point in time; it wouldnt make a very large difference. Right now as you said, we are held on a very short leash (by a large group that I shall not mention specifically) which is why the government cannot proceed more openly with human rights causes. To hold Singapore together in terms of cohesion, unfortunately we are unable to discuss this with open minds politically and legally. But we digress a little from the main topic. 

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5 hours ago, Lennon said:

I think it wouldnt matter much which government is running Singapore at this very point in time; it wouldnt make a very large difference. Right now as you said, we are held on a very short leash (by a large group that I shall not mention specifically) which is why the government cannot proceed more openly with human rights causes. To hold Singapore together in terms of cohesion, unfortunately we are unable to discuss this with open minds politically and legally. But we digress a little from the main topic. 

The LARGE GROUP as you are unmentionable?  Since when did our gov worry or even care for what they say and feel, havent our government antagonize them enough? We are joking or fooling ourselves, government is only using them as an excuse.

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I believe that doc & his gay partner should consider to migrate to America, get married then get the kid back. At the end of the day, that child is gonna quite a bit of emotional trauma. 

 

Why on earth does the folks in this community in the LGBTQ like to test the loop holes..

 

From the transgender couple who test the system on hdb, to the cheating bi guy, now this doc.. Think for the rest of the folks who are gonna suffer because of these dumb acts. 

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1 hour ago, Zackling said:

I believe that doc & his gay partner should consider to migrate to America, get married then get the kid back. At the end of the day, that child is gonna quite a bit of emotional trauma. 

 

Why on earth does the folks in this community in the LGBTQ like to test the loop holes..

 

From the transgender couple who test the system on hdb, to the cheating bi guy, now this doc.. Think for the rest of the folks who are gonna suffer because of these dumb acts. 

It is not to test loopholes, rather, they may like to stay in Singapore for whatever reason they know best.

 

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10 hours ago, Zackling said:

I believe that doc & his gay partner should consider to migrate to America, get married then get the kid back. At the end of the day, that child is gonna quite a bit of emotional trauma. 

 

Why on earth does the folks in this community in the LGBTQ like to test the loop holes..

 

From the transgender couple who test the system on hdb, to the cheating bi guy, now this doc.. Think for the rest of the folks who are gonna suffer because of these dumb acts. 

 

 

No. Father is a Singapore Citizen and has a son, and love to stay in Singapore. Why they should give up? If they joint hand with the community either locals or abroad to give more pressures, eventually the policy can be changed. Of course, this is not easy.

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17 hours ago, Lennon said:

I think it wouldnt matter much which government is running Singapore at this very point in time; it wouldnt make a very large difference. Right now as you said, we are held on a very short leash (by a large group that I shall not mention specifically) which is why the government cannot proceed more openly with human rights causes. To hold Singapore together in terms of cohesion, unfortunately we are unable to discuss this with open minds politically and legally. But we digress a little from the main topic. 

 

But in this doc case, it was just one person that held the leash, the judge who heard the case.   I don't believe the government can overrule or interfere with every judgement the court passed.  The government may or may not have some influence over the Judiciary but ultimately,  it is for the individual judge who decide on the sentence.        

Don't read and response to guests' post

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11 hours ago, Zackling said:

I believe that doc & his gay partner should consider to migrate to America, get married then get the kid back. At the end of the day, that child is gonna quite a bit of emotional trauma. 

 

Why on earth does the folks in this community in the LGBTQ like to test the loop holes..

 

From the transgender couple who test the system on hdb, to the cheating bi guy, now this doc.. Think for the rest of the folks who are gonna suffer because of these dumb acts. 

 

Your argument has quite a few loop holes. How would migrating to America and getting married there help in getting the kid back to Singapore?

 

If the kid is suffering any emotional trauma at all, it is due to the negative impact of prejudice and discrimination, which isn't helped by our current discriminatory policies. The father's desire to have kids is a basic human right that should not be denied any person, whatever your race, gender, or sexual orientation.

 

If nobody dares to test your so called loopholes, we will still have slavery today, women will not have the nearly the same social status as men, and there will be no same sex marriages anywhere in the world. History has proven your reasoning wrong. It is only to be expected that there will be some backlash and push back from the conservative elements, but this will only be temporary. In the longer run,  justice and equality will prevail. I have enough faith in humankind to say this.

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On 12/29/2017 at 5:26 AM, Andrew ang525 said:

For those who think they may not need surrogacy, think again.

 

There is no need to think.    Very simple,  your adopted child may grow up to dislike having a gay parents.  If he didn't think so, his wife may.  To aggravate the situations, your medical conditions may placed a huge burden them who feel you are not his real parents.  You think your adopted child will not forsake you and run away after getting married and the chance of him or his wife trying to gain control of your assets in the name of you being their "father" is another matter to consider.  You may eventually lost your "son" and money. 

 

It is a two-edge sword,  invest your time and money, on a clueless child who knew not who was his parents,  and probably ended up with a clueless future void of your expectation.  Or...live happily with your buddy, buy an apartment near to a hospital, invest in mobile equipment, enjoy life, eat well and travel around the world.

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8 hours ago, Guest Ooo! said:

There is no need to think.    Very simple,  your adopted child may grow up to dislike having a gay parents.  If he didn't think so, his wife may.  To aggravate the situations, your medical conditions may placed a huge burden them who feel you are not his real parents.  You think your adopted child will not forsake you and run away after getting married and the chance of him or his wife trying to gain control of your assets in the name of you being their "father" is another matter to consider.  You may eventually lost your "son" and money. 

 

It is a two-edge sword,  invest your time and money, on a clueless child who knew not who was his parents,  and probably ended up with a clueless future void of your expectation.  Or...live happily with your buddy, buy an apartment near to a hospital, invest in mobile equipment, enjoy life, eat well and travel around the world.

There are some who have very strong paternal instinct, and they also wish to have their child living in Singapore.

 

It may be difficult to explain that joy of fathering someone, the joy of bringing up someone.

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17 hours ago, Guest Ooo! said:

There is no need to think.    Very simple,  your adopted child may grow up to dislike having a gay parents.  If he didn't think so, his wife may........You may eventually lost your "son" and money. 

It is a two-edge sword,  invest your time and money, on a clueless child who knew not who was his parents,  and probably ended up with a clueless future void of your expectation.  Or...live happily with your buddy, buy an apartment near to a hospital, invest in mobile equipment, enjoy life, eat well and travel around the world.

 

With a son or daughter, you still can "enjoy life, eat well and travel around the world with your buddy", so it is not a children that can stop you from enjoying life. You have watched too much drama already, especially local channel 8 always have this "childern taking their parents fortune" scenario on play. Gay parents of course would face tremendous presurres in SG. The adopted child may also face wide spread discrimination from their school, peers etc. But all those sacrifice  will stll be worth it, if more people voice out and overturn this discrimination tide. It won't happen overnight though. But based on experience from othe countries, the tide will eventually turn and Gay Marriage will enjoy the same rights as staright couples.

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Guest All children

Indeed, the most effective method  as some of the above comments have contributed,  is for the doctor and his partner to look for a country that treats them better as human beings and accepts them as family. 

Both of them can easily afford and  get it but if they choose to stay in Singapore because it is 'clean and green, safe to jog at night, good char kway teow, sound education system, hgh income employment etc', then it shows the decision of having a child was no thought through in detail or they have not fully matured nor  have cultivated people with clout first to venture into such tough territory. 

 

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http://www.msn.com/en-sg/news/world/gay-singaporean-man-to-appeal-in-bid-to-adopt-surrogate-son/ar-BBHTSJK?li=AAaYtuN&ocid=ientp

 

Gay Singaporean man to appeal in bid to adopt surrogate son 3/45

AFP logo The man was initially told a homosexual couple was unlikely to get permission to adopt in Singapore© Provided by AFP The man was initially told a homosexual couple was unlikely to get permission to adopt in Singapore
 

A gay Singaporean man will appeal to overturn a court decision rejecting his bid to adopt his biological son fathered via a surrogate in the United States, one of his lawyers said Friday.

 

A district court last month had denied the petition of the man, a doctor, on grounds that the medical procedures he had taken to have the baby in the US would not have been possible in Singapore.

 

Ivan Cheong said his client's appeal will be heard in private by the family division of the Singapore High Court but no date for the hearing has been set.

 

"He is appealing against the entire decision as he feels the dismissal of his application for an adoption order is not in the child's best interest," Cheong told AFP.

 

Cheong said, however, that "the arguments and reasons for our client's case on appeal will not be disclosed to the press as our client does not want to be seen to be litigating his appeal through" the media.

 

The man, who is in a long-term relationship, initially approached authorities about adopting in the city-state but was told a homosexual couple was unlikely to get permission, according to court documents.

 

The couple travelled to the US where the doctor underwent procedures for in-vitro fertilisation and found a surrogate who agreed to carry his child for US$200,000.

 

son was born and as the biological father, the doctor -- who has not been identified because the case involves a minor -- was allowed to bring him back to Singapore to live with him. The boy is now four.

 

The doctor applied to formally adopt the boy in Singapore to "legitimise" their relationship and hopefully secure Singapore citizenship for him.

 

District Judge Shobha Nair said that the doctor and his partner were aware that procedures to help people have children were available to only married couples in Singapore and there were no surrogacy services in the city-state.

 

Gay marriage is not permitted in Singapore. Surrogacy is not explicitly banned although official guidelines prohibit the practice in assisted reproduction centres, according to the Straits Times newspaper.

 

The district judge had ruled that the child's welfare was not an issue in the case as he will continue to be well looked after by his biological father, and he is not stateless as he holds American citizenship.

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This is another perspective as reported in Hong Kong's South China Morning Post :

 

 

HERE TO GO, WHAT TO DO? FAMILY IN SINGAPORE’S GAY SURROGACY ADOPTION CASE FACE LIFE IN LIMBO

 

A court decision leaves a new family uncertain whether their ‘illegitimate’ child – conceived by a surrogate in the United States – can go to school,

or even if he can stay in the Lion City

BY KOK XING HUI

9 JAN 2018 / UPDATED ON 10 JAN 2018

 

Shawn, left, James, right, and their son Noel, centre, play with a toy train they got Noel for Christmas. The two men are fighting for the right to keep in Singapore their son, the biological son of James and a surrogate mother in the United States. Photo: Don Wong

 

Out of the three bedrooms in Noel’s home, two have been dedicated to the four-year-old — one for sleeping, the other for toys. There are a lot of toys, mostly gifts from family and friends. Noel is very much the apple of his parents’ eyes, and the extended family’s too. Both sides of the family gather every few weeks in Noel’s home, humouring him with endless games of hide and seek in the 1,450 sq ft apartment.

 

His arrival into the world in November 2013 was wanted, and planned for meticulously. His parents had eagerly awaited appointments to the obstetrician-gynecologist and consumed books on infant care and their development milestones — “At six months he may get a bout of fever along with some spots, but the spots should disappear after three days,” recited his parents.

 

But in the eyes of Singapore law, Noel is an illegitimate child.

 

While Papa James is his biological father, Daddy Shawn is not. Noel was conceived through assisted reproduction in the United States. Since James and the woman who birthed Noel are not married, Noel was born out of wedlock. He is also an American citizen.

 

The family has been given pseudonyms to protect the identity of their son.

 

James tried to remedy his son’s status, applying for a single-parent adoption that in Singapore would give James sole rights and responsibility to the child and remove the illegitimate label. James and Shawn were also hopeful that this would make it easier for Noel to get Singapore citizenship. The couple stressed that it was not about pushing any agendas for gay issues.

 

After three years, the Family Justice Courts rejected the application a day after Christmas.

 

To read further, please go to http://www.scmp.com/week-asia/society/article/2127506/where-go-what-do-family-singapores-gay-surrogacy-adoption-case

 

 

 

 

 

 

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The law automatically gives Noel the son Singaporean citizenship, isn't it? Please correct me if I'm wrong.

 

"A person born outside Singapore on or after 15 May 2004, with at least one parent who is a Singaporean citizen, is a Singaporean citizen by descent."

 

I don't understand why the government can refuse to give Noel citizenship. Noel's father is Singaporean, so he satisfies the condition set out by the law, so by law he must be granted citizenship.

Edited by happiness
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2 hours ago, happiness said:

The law automatically gives Noel the son Singaporean citizenship, isn't it? Please correct me if I'm wrong.

 

"A person born outside Singapore on or after 15 May 2004, with at least one parent who is a Singaporean citizen, is a Singaporean citizen by descent."

 

I don't understand why the government can refuse to give Noel citizenship. Noel's father is Singaporean, so he satisfies the condition set out by the law, so by law he must be granted citizenship.

No, it doesnt, if you follow me in the surrogacy thread, i mentioned there are other places about this.... for a start, the child born outside a wedlock, will follow the mother's natinality.  So that becomes tricky where one choose to have surrogacy done.

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