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Gay Singaporean man wins landmark appeal to adopt surrogate child | Gay Singaporean man wins landmark appeal to adopt surrogate child |
(about 11 hours later) | |
A gay Singaporean man has won a landmark court case which will allow him to adopt a child he fathered through a surrogate. | A gay Singaporean man has won a landmark court case which will allow him to adopt a child he fathered through a surrogate. |
The man, 46, and his long-term partner carried out the process in the US at a cost of $200,000 (£159,000), as surrogacy is illegal in Singapore. | The man, 46, and his long-term partner carried out the process in the US at a cost of $200,000 (£159,000), as surrogacy is illegal in Singapore. |
He tried to legally adopt the child but the bid was rejected last year, leaving him with no legal parental rights. | He tried to legally adopt the child but the bid was rejected last year, leaving him with no legal parental rights. |
Same-sex marriages are not recognised in Singapore and gay sex is illegal. | Same-sex marriages are not recognised in Singapore and gay sex is illegal. |
The four-year-old child is considered illegitimate in the eyes of the law as the surrogate mother and biological father are not married. | The four-year-old child is considered illegitimate in the eyes of the law as the surrogate mother and biological father are not married. |
The mother - who waived all her rights under the surrogacy deal - is also foreign, making the child ineligible to automatically qualify for Singaporean citizenship. The egg donor has never been identified. | The mother - who waived all her rights under the surrogacy deal - is also foreign, making the child ineligible to automatically qualify for Singaporean citizenship. The egg donor has never been identified. |
The father was left with no legal rights parental, though was allowed to make decisions on the child's behalf. | The father was left with no legal rights parental, though was allowed to make decisions on the child's behalf. |
The 46-year-old, who has been in a relationship with another Singaporean man for about 13 years, will have sole parental rights of the child when an adoption takes place. | The 46-year-old, who has been in a relationship with another Singaporean man for about 13 years, will have sole parental rights of the child when an adoption takes place. |
Under Singapore law, children can be adopted by singles or by married couples. However, as the man cannot legally marry his partner - he would have to file his adoption as an individual. | Under Singapore law, children can be adopted by singles or by married couples. However, as the man cannot legally marry his partner - he would have to file his adoption as an individual. |
'Child's best interest' | 'Child's best interest' |
The man's initial bid to adopt his child was rejected last December, though the judge at the time said the decision was not a judgement on what "a family unit ought to be". | The man's initial bid to adopt his child was rejected last December, though the judge at the time said the decision was not a judgement on what "a family unit ought to be". |
Instead, Judge Shobha Nair said it was about the ethics of commercial surrogacy. | Instead, Judge Shobha Nair said it was about the ethics of commercial surrogacy. |
On Monday, Singapore's High Court ruled that the man - who cannot be identified - would be able to adopt his child. | On Monday, Singapore's High Court ruled that the man - who cannot be identified - would be able to adopt his child. |
"Our decision should not be taken as an endorsement of what the appellant and his partner set out to do," said Chief Justice Sunderesh Menon in his judgement. | "Our decision should not be taken as an endorsement of what the appellant and his partner set out to do," said Chief Justice Sunderesh Menon in his judgement. |
He said that there was "significant weight" put towards the concern that the ruling would "not violate the public policy against the formation of same-sex family units". | He said that there was "significant weight" put towards the concern that the ruling would "not violate the public policy against the formation of same-sex family units". |
However, he added that in this case, there was a "statutory imperative to promote the welfare of the child... to regard his welfare as first and paramount". | However, he added that in this case, there was a "statutory imperative to promote the welfare of the child... to regard his welfare as first and paramount". |
Speaking to the BBC, lawyer Ivan Cheong said his client was "overjoyed and happy that at the end of a long adoption process, the child's welfare is upheld". | Speaking to the BBC, lawyer Ivan Cheong said his client was "overjoyed and happy that at the end of a long adoption process, the child's welfare is upheld". |
"At the end of the day, it is about what is in the child's best interest," Mr Cheong of Eversheds Harry Elias LLP said. | "At the end of the day, it is about what is in the child's best interest," Mr Cheong of Eversheds Harry Elias LLP said. |
"Being recognised as a legitimate child and having his long term residential status met have always been our client's primary concerns." | "Being recognised as a legitimate child and having his long term residential status met have always been our client's primary concerns." |
The gay rights movement has gained significant momentum across some parts of Asia, though gay marriage still remains illegal - and a highly contentious issue - in socially conservative Singapore. | The gay rights movement has gained significant momentum across some parts of Asia, though gay marriage still remains illegal - and a highly contentious issue - in socially conservative Singapore. |
Although sex between men is criminalised, the law is not enforced and there are gay bars and clubs in Singapore, as well as an annual pride rally. |