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[LGBT NEWS] Singapore allows two fathers to adopt their surrogate son


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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.

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 Court of Appeal has 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.”

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.

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.”

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 the couple’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”.

<https://www.scmp.com/news/asia/southeast-asia/article/2178279/singapore-allows-same-sex-fathers-adopt-their-surrogate-son?fbclid=IwAR1QIrVKvUyQmcsh451sf02GePllnzPo8OIb18NUlxsGdJwKAyW7kffdwjg>

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Guest Drag Queen

The case had been dragggggggged out. 

 

Message sent to public: never attempt surrogacy if you are living with a gay partner unless you are prepared to trade in immense amount of time, money and effort to adopt your own child in Singapore.

 

What a shame it took such a long for something so seemingly obvious, basic and simple to go through!

 

 

 

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Guest Engineer
37 minutes ago, Guest Guest said:

What about a mother's love? Most children is closer to mother than father...many had bad relations with father...imagine what will the child experience with 2 fathers.

I believe in giving us same sex couple the benefits of the doubt in that we can raise kids as well as heterosexual couples.

 

The bad relations with fathers... I’m assuming it stems from a heterosexual partnership. 

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9 minutes ago, Guest Engineer said:

I believe in giving us same sex couple the benefits of the doubt in that we can raise kids as well as heterosexual couples.

 

The bad relations with fathers... I’m assuming it stems from a heterosexual partnership. 

 

Totally agreed, in this case, both guys have the strong support network of their families.

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Guest A Good Result

The following are what the judge pointed out with regards to current (2018) Singapore public policies.

(Source: https://www.channelnewsasia.com/news/singapore/gay-father-adopt-surrogate-son-singapore-11039384 )

 

1. No public policy bans planned parenthood by singles through the use of assisted reproductive technology or surrogacy.

 

2. Public policy promoting heterosexual family units does not logically imply that it opposes other forms of parenthood.

 

3. Public policy against formation of homosexual family units does not stems from Adoption of Children Act.

 

The judge also mentioned the man in case was not evidently proven to have set out to deliberately violate any law or public policy.

 

I feel what the result of this case really shows is the efforts by the court and the guardians to put the child's current interest above all else and give the child the best foot forward from now on. Otherwise, the alternative result would be detrimental to the family and thus the child, regardless of the sexual orientation.

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28 minutes ago, Guest Engineer said:

I believe in giving us same sex couple the benefits of the doubt in that we can raise kids as well as heterosexual couples.

 

The bad relations with fathers... I’m assuming it stems from a heterosexual partnership. 

So now gay relationship is better than straight relationship?

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I wonder if our local chinese newspaper actually did or did not publish a news article about this event.

 

Can someone search and reproduce and publish in BW the coverage made in Zaobao, or Wanbao or Shinmin news. 

 

We should know how the article was conveyed to Chinese speaking demographics. 

 

Anyone willing to help on this.

 

We can compare what was added and what was left out for the Chinese speaking heartlanders. 

 

It is relevant , isn't it ? 

Any coverage?

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Guest Chinese news
2 hours ago, Guest guest said:

I wonder if our local chinese newspaper actually did or did not publish a news article about this event.

 

Can someone search and reproduce and publish in BW the coverage made in Zaobao, or Wanbao or Shinmin news. 

 

We should know how the article was conveyed to Chinese speaking demographics. 

 

Anyone willing to help on this.

 

We can compare what was added and what was left out for the Chinese speaking heartlanders. 

 

It is relevant , isn't it ? 

Any coverage?

Not sure about newspaper... But this news was indeed broadcasted on TV channel 8 evening news. It was said as it is- historic case.

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Landmark High Court Case allows Singaporean gay dad to adopt surrogate son

One year ago, Singapore court rejected a high profile case, turning down the bid by gay man to adopt child fathered through surrogacy.  The old report can be read at 

https://www.straitstimes.com/singapore/singapore-court-rejects-bid-by-gay-man-to-adopt-child-he-fathered-through-surrogacy?xtor=CS3-18

However, newer development seems to suggest there is new hope.

 

https://www.straitstimes.com/singapore/courts-crime/landmark-high-court-case-allows-gay-dad-to-adopt-surrogate-son

In a landmark move, the High Court has approved on appeal a gay Singaporean's bid to adopt his biological son, whom he fathered in the United States through a surrogate mum for US$200,000 (S$275,000).

 

https://www.todayonline.com/singapore/msf-has-backed-adoption-bids-involved-surrogacy-high-court-and-lawyers-say-its-time-study

Lawyers welcomed the landmark decision by the High Court on Monday (Dec 17) allowing a gay Singaporean doctor to adopt his five-year-old biological son born trough a surrogate mother in the United States.   They noted that the High Court recognised there is no pubklic policy against planned or deliberate parenthood by singles through the use of artificial reproduction technology or surrogacy, and said more cases involving surrogacy could be brought before the courts in Singapore.

 

 

 

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I believe that the ultra conservative authorities will be now frantically looking at the laws etc to see if it can tighten the rules..

too controversial for them to risk further such "loopholes". Let's hope this couple treasures this gift of a child and let the child enjoy a life that is way more meaningful, happy and be a great example of what it means to be a child of parents who wants children. 

Even in straight families, there can be dysfunction which scars the children for life. but the society deems that this is acceptable but gay parents are not... 

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the comments online is more interesting than the article, what era are we in now?

 

eg

 
Lynn Lee
Its very cunning that the gay couple used the biological bond to gain custody. The outcome of this verdict does not mean our courts condone gay couples, but to choose best available options for tge baby.

The laws and msf got more work to do
Like · Reply · 5 · 6h
39804965_585187698550382_811044787904839
 
Francis Leong
probably more to come ..
Like · Reply · 6h
11188351_108091266189045_368439820460906
 
Lynn Lee
It should not be a landmark case, just showed weakness to handle such scenarios

https://www.channelnewsasia.com/news/singapore/gay-father-adopt-surrogate-son-singapore-11039384#cxrecs_s

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44 minutes ago, inamoto said:

 

Even in straight families, there can be dysfunction which scars the children for life. but the society deems that this is acceptable but gay parents are not... 

 

Yes, this is one more reason society should disregard the abominable opinions of religious conservatives, and do things right.

The criteria for adoptions should not be sexual orientations but existing feelings of true love for the children.

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One look at the anti-LGBT comments at Yahoo Sg and we instantly know what we are up against.

As expected, all that vitriol and hate there.

BUT I refuse (and likewise, we should too) to go down to their level. It simply means then that we are no different from them.

We are better than that, surely.

 

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26 minutes ago, mate69 said:

One look at the anti-LGBT comments at Yahoo Sg and we instantly know what we are up against.

As expected, all that vitriol and hate there.

BUT I refuse (and likewise, we should too) to go down to their level. It simply means then that we are no different from them.

We are better than that, surely.

 

 

What is your "go down to their level" ??   Don't you have the guts to log into yahoo.sg and contradict their falsities?

How is this "going down to a level"?  What level?  WE are not different from THEM.  We are all humans.

If THEY, poor things, were brain-washed with abominably hateful "dogmas",  that's not all their fault.

YOU should get into the conversation and give them a piece of your mind to counter their poisonous ideas.

To be "better than that" we don't need to be dumb or shy.

 

I am reading the comments in this article on yahoo.sg and I don't see enough replays to these posts that put them to shame.

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  • G_M changed the title to [LGBT NEWS] Singapore allows two fathers to adopt their surrogate son
Guest Engineer
11 hours ago, Guest Guest said:

So now gay relationship is better than straight relationship?

Was that even implied or mentioned?  If anything, the basis of any relationship should be on equal footing.

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Guest Diabolical
7 hours ago, mate69 said:

One look at the anti-LGBT comments at Yahoo Sg and we instantly know what we are up against.

As expected, all that vitriol and hate there.

BUT I refuse (and likewise, we should too) to go down to their level. It simply means then that we are no different from them.

We are better than that, surely.

 

Old retired uncles and housewives aunties read yahoo news.... Many of them uncultured and uneducated folks dying from cancer, heart disease and diabetes while typing out their misanthropic, twisted views from their ugly, tortured souls.

 

Among them a high percentage of closeted gays and lesbians who have missed the boat, so are desperately trying to drag the boat own from behind to drown together with them.

 

Amitabha!

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17 minutes ago, Guest Diabolical said:

Old retired uncles and housewives aunties read yahoo news.... Many of them uncultured and uneducated folks dying from cancer, heart disease and diabetes while typing out their misanthropic, twisted views from their ugly, tortured souls.

 

Among them a high percentage of closeted gays and lesbians who have missed the boat, so are desperately trying to drag the boat own from behind to drown together with them.

 

Amitabha!

 

well, surely karma would come back and bite you in the best way, for wishing cancer, heart disease and diabetes upon others.

oh sufferings to you.

 

And also you miused the Amitabha's name. 

Amitabha wishes you will help alleviate suffering to all living beings, yet you utter Amitabha and wish sufferings on others,

 

Shame on you, please grow up.

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Guest Satan Chen
2 hours ago, Guest guest said:

 

well, surely karma would come back and bite you in the best way, for wishing cancer, heart disease and diabetes upon others.

oh sufferings to you.

 

And also you miused the Amitabha's name. 

Amitabha wishes you will help alleviate suffering to all living beings, yet you utter Amitabha and wish sufferings on others,

 

Shame on you, please grow up.

HELLooo old, dying closeted homosexual reader of yahoo news sg who tears gays down to feel better about his les miserables existence!

 

Amitabha to your very tortured soul, may you be released from your very wretched mortal existence soon! AMEN!

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Guest surrogacy

High court allows gay Singaporean dad to adopt biological son fathered through surrogacy

 
 

 

In a landmark move by Singapore’s High Court, a gay Singaporean dad will be allowed to adopt his five-year-old biological son, who was born in the United States via a surrogate mother. The adoption bid, which was initially rejected by a district judge last year, was approved today.

 

The 46-year-old doctor, who has been in a relationship with his long-term partner for 13 years, brought the child back to Singapore with him and began adoption proceedings in December 2014, according to South China Morning Post. Since same-sex marriages are not recognized in Singapore, and the man was not married to the surrogate mother, the child was seen as legally illegitimate.

In rejecting the man’s application last year, the lower court claimed that he was aware the medical procedures he underwent to conceive this child were not possible in Singapore, where assisted reproduction is only offered to a married woman with her spouse’s content. The in-vitro fertilization and surrogacy process that took place in the United States cost US$200,000 (S$275,000), The Straits Times said.

 

The three-judge appeal court explained that the overturned decision was based “on the particular facts of the case and should not be taken as an endorsement of what the appellant and his partner set out to do”, TODAY reported.

 

“Our decision was reached through an application of the law as we understood it to be, and not on the basis of our sympathies for the position of either party,” the chief justice wrote.

 

The concern “not to violate public policy against the formation of same-sex family units” was, in the end, insufficient for the court to “ignore the statutory imperative to promote the welfare of the child”.

 

This ruling means the case is the first to acknowledge same sex families in Singapore law. The adopted child, currently an American citizen, would then have a better shot at getting Singapore citizenship and long-term residence here, where his family is.

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Guest surrogacy
14 hours ago, -Ignored- said:

the comments online is more interesting than the article, what era are we in now?

 

eg

 
Lynn Lee
Its very cunning that the gay couple used the biological bond to gain custody. The outcome of this verdict does not mean our courts condone gay couples, but to choose best available options for tge baby.

The laws and msf got more work to do
Like · Reply · 5 · 6h
39804965_585187698550382_811044787904839
 
Francis Leong
probably more to come ..
Like · Reply · 6h
11188351_108091266189045_368439820460906
 
Lynn Lee
It should not be a landmark case, just showed weakness to handle such scenarios

https://www.channelnewsasia.com/news/singapore/gay-father-adopt-surrogate-son-singapore-11039384#cxrecs_s

 

hm, really. I have seen worse ones. They seem to me quite "calm" and harmless...

In fact, she is correct, if you read the reasoning, the main focus was on the benefits for the child ({promote the welfare of the child} (therefore irrespective who the parents were [gay, straight, bi , trans, mixed interracial, inter-religious, aliens, citizens of the black hole in the galaxy].

 

We will see what happens if other Singaporean gay couples intend to adopt children and convert the citizenship.

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Guest surrogacy
13 hours ago, mate69 said:

One look at the anti-LGBT comments at Yahoo Sg and we instantly know what we are up against.

As expected, all that vitriol and hate there.

BUT I refuse (and likewise, we should too) to go down to their level. It simply means then that we are no different from them.

We are better than that, surely.

 

 

 In the end it is the parliament to vote on any change. Let the common man and woman talk and post their rubbish. Once they found out one of their children is gay, they will shut up anyway.

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10 hours ago, Guest guest said:

 

well, surely karma would come back and bite you in the best way, for wishing cancer, heart disease and diabetes upon others.

oh sufferings to you.

 

And also you miused the Amitabha's name. 

Amitabha wishes you will help alleviate suffering to all living beings, yet you utter Amitabha and wish sufferings on others,

 

Shame on you, please grow up.

He did not curse or wish them to have/contract/develop cancer, heart disease and diabetes.......  He mentioned these are old retired men and women.... and it is a scientific facts that the elderly dies of cancer heart disease and diabetes....... (he forgotten about stroke).

 

11 hours ago, Guest Diabolical said:

Old retired uncles and housewives aunties read yahoo news.... Many of them uncultured and uneducated folks dying from cancer, heart disease and diabetes while typing out their misanthropic, twisted views from their ugly, tortured souls.

 

Among them a high percentage of closeted gays and lesbians who have missed the boat, so are desperately trying to drag the boat own from behind to drown together with them.

 

Amitabha!

 

Edited by Andrew ang525
font colour and bold.
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Guest Win-Win
23 hours ago, Vometra said:

The SCMP headline is misleading ... the Singapore HIgh Court did not allow two fathers to adopt their surrogate son ... it allowed a single man to adopt a child.

No recognition whatsoever was given to the other guy.

Simply because gay marriage is not legal yet, thus there is no "two fathers" by definition of the law.  Fortunately the law now allow single man to openly adopt a child and the rest is behind the door between "the fathers" own private discussion.  It makes easier to close the case fast, and without fundamentlist pressure.

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Guest Surrogacy Laws

https://www.todayonline.com/singapore/msf-has-backed-adoption-bids-involved-surrogacy-high-court-and-lawyers-say-its-time-study

Quoted from the follow-up article above:

"The High Court noted that should a similar case as the doctor’s surface in future, the parentage of the child would likely be determined under the Status of Children (Assisted Reproduction Technology) Act, which does not seem to permit the parents who commissioned the surrogacy to displace the birth mother and her husband or partner as the legal parents of the child.

 

This would probably cause the commissioning parents to try to circumvent restrictions by applying to adopt the child. It would require a significant adaptation of the adoption regime, CJ Menon said."

 

The inability to determine the parentage of a child born through surrogacy in the legal system is a problem. It is probably a good time to amend the surrogacy laws to keep up with evolving times... But it is going to be another heated debate... Just like abortion topic...

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Guest Child Raised By Gays

https://www.todayonline.com/singapore/government-policy-review-will-be-mammoth-task-after-gay-mans-legal-win-analysts-say

This article reaks a nasty smell... Some of the opinions appears to fundamentally think that a child raised by a homosexual couple will be catastrophic. The child is going to be doomed and have bad human values. Lolll.

Personally, I feel how a child is raised just mainly depends on the parents. It is predominantly a matter of a family unit. However, it will be challenging for the child, in schools, at playgrounds, at common spaces, to deal with the possible bullying by other kids and opinions of homophobic adults. Teachers will need to be trained. Society as a whole has to accept the existence of homosexual family units. This is hard given that homosexuality in general is not even widely accepted here.

I feel, before legislations get amended, it is best for us to think what kind of environment will a homosexual family unit today reside in? Will they be safe today? Will they be let lived today? If not, then will their struggle to find such a space in our society here be worthwhile one day?

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https://www.scmp.com/week-asia/society/article/2179207/huge-load-our-shoulders-singapore-gay-couple-open-after-landmark

 

‘A HUGE LOAD OFF OUR SHOULDERS’: SINGAPORE GAY COUPLE OPEN UP AFTER LANDMARK ADOPTION CASE

  • The two dads whose adoption case made international headlines say they are relieved and looking forward to a special family Christmas

BY KOK XINGHUI 

 
Shawn (left) and James (right) with Noel at their home in Singapore. Photo: Don Wong

Shawn (left) and James (right) with Noel at their home in Singapore. Photo: Don Wong

FRAMED PHOTOGRAPHS LINE the television console of a 1,450 sq ft flat in central Singapore. One shows a large group of family members in a rented villa in Bali several months ago, another is of a beaming couple and a third has the couple and their son.

A two-metre-tall Christmas tree stands on the right, with three bears – two large with a smaller one tucked between them – all sharing a red scarf.

It is Friday in the home of James, Shawn and their five-year-old son Noel. The family made the news on December 17 when a Singapore court ruled James could adopt Noel, the son he fathered using an egg donor. Both men’s sperm was used for the fertilisation of the embryo, which was carried by an American surrogate mother.

 

 

 

Singapore’s Supreme Court building. Photo: Handout

While the judges stressed their decision was made to prioritise the child’s welfare, even though it violated “public policy against the formation of same-sex family units”, the judgment was viewed as Singapore’s first legal acknowledgement of such families.

 

Yet since the ruling, the government, which opposed Noel’s adoption, has warned it would review adoption laws and policies. Social and Family Development Minister Desmond Lee said since the court recognised the government’s stance was a “relevant consideration”, other gay couples in similar circumstances may find it harder to argue that they did not intentionally seek to oppose policies against forming same-sex families.

For now, Singaporeans James and Shawn (not their real names) are relieved – and thankful – they have passed a major hurdle in their lives.

“It was a huge load off our shoulders,” James told This Week in Asia at their dining table on December 21.

0b8ed80e-058a-11e9-b0d2-cf4a0f50367e_132Shawn (left) and James (right) reading a book with Noel in their flat. Photo: Don Wong

Bright daylight streamed in from all sides of this spacious and airy flat that sits above the 20th floor. A wide balcony runs L-shaped along two sides of the rectangular living and dining room and the couple had opened the floor-to-ceiling glass doors separating the spaces. The view is impressive, stretching to include the neighbourhood James’ parents live in.

 
I WILL WANT TO EMPOWER HIM WITH HIS SELF WORTH AND DIGNITY ABOUT WHO HE IS
James, Noel’s father

The couple brought Noel home from the United States in 2013 but were not allowed to get him citizenship. In 2014, James applied as a single parent to adopt the boy. When the case went to a lower court in December 2017, it was rejected. The recent judgment means they now stand a better chance.

Throughout a two-hour conversation, during which Noel shot styrofoam toy peas around, the couple reflected on their journey of uncertainty and their hopes for the future.

Both 46, they finished their compulsory national service like all local men and did most of their studies in the republic. They were certain Singapore was the place to set up home and give Noel a similar life.

But society in the city state is largely conservative and gay sex a criminal offence even though the government has said it will not enforce the law. Public policies promote heterosexual marriage and childbearing.

James’ father had worried about Noel being made fun of at school.

James said: “I will want to empower him with his self worth and dignity about who he is, where he comes from and about his family.”

Noel has been told families comes in all shapes and sizes – his has two dads, some have a mother and a father, others two mums or maybe just one parent.

“We’ve not faced discrimination and never felt uncomfortable,” said Shawn, adding that the only roadblocks came from the government during the adoption process.

When Noel came home as an infant, a neighbour they barely knew offered her help with the baby and gave them a child’s car seat she did not need. Noel plays with his classmates while the parents chat about which primary school they want their children to go to.

Booming surrogacy business is a legal grey area

Could it be the circles they run in – gay and lesbian friends and parents at Noel’s private kindergarten – shield them from conservative opinions many Singaporeans may hold?

No, insisted Shawn: “We are in the heartlands a lot, we eat at the market and Noel goes to his grandparents’ after school, plays at the [public housing] playground every evening.”

This Christmas, the couple’s families will gather at their home for dinner cooked by Shawn. Nasi ulam, a Malay steamed rice dish mixed with herbs will be the highlight.

Singapore DJ files court challenge against colonial-era gay sex ban

“It will be a very, very nice Christmas,” pronounced Shawn’s 47-year-old sister.

The families grew close after Noel entered their lives, with both sides meeting most weekends.

The adoption order has made everyone very happy, said James’ sister, 45, who was not expecting a favourable ruling after the previous rejection. “I almost fell off my chair when I heard,” she said. “It was a very, very, very nice surprise.”

China looks at making surrogate motherhood legal

Previously, there was always the possibility James, Shawn and Noel would have to leave Singapore if the child did not get his dependent’s pass renewed.

Those plans are on the back burner for now. After the adoption process goes through, the couple will apply for citizenship for Noel again and try to make Shawn Noel’s legal guardian.

0af5ac4c-058a-11e9-b0d2-cf4a0f50367e_132A decoration on the Christmas tree at Shawn, James and Noel’s home. Photo: Don Wong

There is one more matter they are mulling over.

“Noel has always been asking for a sibling,” revealed the couple, who have lived together for 13 years.

James pointed to the Christmas tree and described how five years ago after they had Noel, they bought a baby bear in a Santa hat and placed it between two larger bears given to them by friends a decade ago.

The bears have been on all their trees since.

“The whole process, we realised that we have got to cling on to each other for strength and resolve to ride it out,” said James.

Shawn added: “So we’re not going to close the door on this (possibility of having another child).”

On their future Christmas trees, there may be more baby bears.

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Loop hole closing, closing, closing.........closed。

 

There will not be another case like this , 

 

you read the newspapers,

 

they are saying , the second case will be seen as

 

知法 还犯法。

 

 

 

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Guest Law sore

Policies are unwritten. They are not law. Going against it is not breaking the laws. Having children is natural. If there is an unwritten public policy against gays forming families and having children, they should write it into the law.

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