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