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A court in Singapore has ruled that a gay man will be allowed to adopt a son he fathered through a surrogate in the United States. Socially conservative Singapore has also outlawed gay sex and does not recognise same-sex marriages.
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The child in question is considered illegitimate under Singaporean law as the surrogate mother and the father are not married. The judge stated that her ruling was based on the ethics of commercial surrogacy. Related Story: How same-sex marriage changed everything for these couples. Pride, prejudice and punishment: Gay rights around the world.
LGBT rights in Singapore
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Singapore court rules gay man can adopt his surrogate child
A group of children were gathered around Swan Lake in the Botanic Gardens yesterday morning. Watched closely by their parents, they squealed and laughed as they ran along the banks feeding the catfish, swans and occasional turtle.
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Among them was five-year-old Noel not his real name. The boy, who is tall for his age, laughed when a food pellet he threw landed on a swan's back.
LGBT rights in Singapore - Wikipedia
Unlike the other children there, however, Noel has two fathers. Last Monday, one of the Singaporean men got the green light from the courts to adopt Noel. In a decision that it reached "with not insignificant difficulty", the High Court allowed James to adopt Noel, whom he fathered in the United States through a surrogate mother. The pathologist had brought the Pennsylvania-born boy to Singapore in , but his bid to adopt him was rejected by a district judge last year.
He then appealed.
In its judgment grounds, the three-judge court stressed that its decision to reverse the district court's ruling was based on the welfare of the child, and "should not be taken as an endorsement of what the appellant and his partner set out to do". The Ministry of Social and Family Development has since said that gay parents hoping to adopt their biological children may find it harder to argue in court that they are not "deliberately" going against Singapore's stance against same-sex family units.
Shawn, 46, whom the boy calls Daddy, works in the marketing industry and will be whipping up dishes such as oxtail stew and nasi ulam for the extended family this festive season.
James, also 46, whom Noel calls Papa, says: Their mood is a far cry from this time last year, when they found out on Boxing Day that James' application to adopt Noel had been rejected. They were preparing to go to Bangkok to let Noel visit a local safari, but the news " put a dampener" on the vacation, James recalls. Much of the first half of this year was spent working with lawyers on the appeal.