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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Article

    Motherless or Fatherless by Design: Child’s Welfare as the First and Paramount Consideration & The Case Against Surrogacy & Art

    Citation: [2021] Sing JLS 291
    This article analyses the current state of the law and policy in Singapore on surrogacy, assisted reproduction technology (“ART”), and adoption in light of the ministerial statements after UKM v Attorney-General. Of particular and pressing concern is situations where overseas surrogacy and ART leave a child fatherless or motherless for life. Analysing this in light of various factors, including the fragmentation or elimination of the various aspects of parenthood, the principle of putting the child’s welfare and best interests as the first and paramount consideration (including a child’s right to both a father and mother), public policy and social science, it will be argued that this form of surrogacy and ART should be urgently prohibited.Abrief survey of how other countries have approached such issues will be conducted. Various recommendations for law reform will also be proposed.
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