Surrogacy in Singapore

What is Surrogacy?

Many people are curious about what surrogacy is, some people will say it is a way to have a baby or it is the greatest advancement in reproduction. Medically, it is where a woman, known as a surrogate mother or gestational carrier, will become pregnant for an intended parent or parents and give birth to a baby. Usually, the types of people that choose this option are unable to have their own because of infertility, health problems, or multiple unsuccessful attempts with other fertility methods.

Is Surrogacy Legal in Singapore?

Surrogacy is not permitted by law in Singapore. Both altruistic and commercial surrogacy, is not legally recognised. Doctors are told not to participate in these kinds of arrangements. Anyone involved in surrogacy are not protected by the law, particularly surrogate mothers, intended parents or surrogate babies. Some citizens have attempted to arrange surrogacy in other locations where it is clearly regulated and legal. In these locations, they will be named on the birth certificate for the baby, removing the additional requirements for adoption, allowing intended parents to get the child’s citizenship a little more easily when they return to Singapore. Doing this can give intended parents a clear legal framework, enforceable contracts, reduce uncertainty, and allow for people to become parents through careful legal planning. It is advised to contact legal professionals to ensure things run smoothly.

Common Legal Issues Surrounding Surrogacy

Like many other countries, surrogacy raises a number of legal and ethical questions in Singapore, even in the absence of a formal regulatory framework.

Ethical Concerns

Singaporeans have a number of views on surrogacy, and see it as morally complicated, especially when financial compensation is involved. The ethical debates usually revolve around the autonomy of a woman, intention, and the welfare of the baby.

Exploitation Concerns

In Singapore, the exploitation concerns around surrogacy, specifically commercial, cause authorities in the country to worry it may exploit vulnerable women, especially if the women are in financial need or there is a lack of legal protection.

Complex Legal Issues

The reason there are complex legal issues is due to there not being any recognition of surrogacy contracts within Singapore, intended parents can’t claim legal parenthood without adopting the child. In turn, this complicates issues like nationality, custody, and inheritance.

Sociocultural Considerations

Singaporeans have traditional views on family and motherhood can discourage people from choosing an alternative reproductive path, this creates stigma for both parties included in surrogacy.

Medical and Psychological Concerns

Emotional and physical risks come with surrogacy, and without regulated psychological screening or counselling. This means surrogates could face mental health challenges once the baby is born.

Who Needs Surrogacy in Singapore?

People who usually choose surrogacy are individuals or couples who have difficulties in getting pregnant either because they have medical or genetic issues. It can also help single people or families that aren’t traditional become parents, but there are laws which can make it difficult to access.

Surrogacy for LGBTQ+ Families in Singapore

In Singapore, same-sex marriage is not recognised legally, as well as becoming a parent through surrogacy. Due to this the LGBTQ+ community can face difficulties, culturally and legally. Although some people travel abroad to access surrogacy, they can still find themselves coming across difficulties with being recognised as the baby’s parents when they return home.

How to Find a Surrogate Mother in Singapore

There are challenges in finding a surrogate in Singapore because there is an absence in legal support and societal acceptance. For this reason, intended parents generally lean on informal connections, however, this can cause serious legal and ethical risks. The lack of legal structures in Singapore influence people to look into surrogacy arrangements overseas as they find they are more clear.

Costs Associated with Surrogacy

In countries where surrogacy is legal, the costs can range from anywhere between $40,000 to $200,000+ USD. When people look into costs, there can be choices within programmes, but most include IVF procedures, legal fees, compensation for surrogates, and postnatal care for both the baby, intended parents, and surrogate. If Singaporean citizens are looking into surrogacy abroad, they need to think of the costs for travel, accommodation, and citizenship documentation costs.

How to Choose a Surrogacy Agency in Singapore

There are currently no registered surrogacy agencies within Singapore, hence why citizens choose to work with international organisations. Choosing an agency abroad comes with a lot of research, people must consider the agency’s success rates, their legal transparency, emotional support services, and most importantly verify they have a licence.

Parental Rights Over Surrogate Children

Women who give birth to a baby in Singapore are seen as the legal mother, even if they are not genetically related. For intended parents to obtain parental status to a child they must legally adopt the baby which can also delay citizenship and legal recognition.

Adoption Process for Surrogate Children

The process for adopting a surrogate baby can be lengthy, intended parents must provide the legal documents to do this. These documents include proving their biological relationship, consent from the surrogate, and foreign birth certificates. It also involves a lot of scrutiny from family courts and immigration authorities.

Applying for Singaporean Citizenship for Surrogate Children

A child born through surrogacy in another country will not automatically receive citizenship. The parents must apply to Immigration and Checkpoints Authority (ICA). Similar to the adoption process, they will need to prove their biological connection, additionally, they must prove the legality of the surrogacy process in the destination it was completed.

Current Trends and Future Outlook on Surrogacy in Singapore

Singapore is remaining conservative on surrogacy, but the public discussion is slowly increasing. Bioethics communities and lawmakers are cautiously observing worldwide movements on the topic. Currently, legal reforms aren’t expected, but the ongoing medical advances, and continuous changes to social attitude could shape the future in surrogacy policies.

Frequently Asked Questions About Surrogacy

Can a Single Person Opt for Surrogacy in Singapore? 

Unfortunately, a single person cannot choose to use surrogacy in Singapore as the country’s laws do not allow surrogacy arrangements for anyone, including married couples.

What Are the Legal Repercussions for Engaging in Surrogacy Arrangements?

Although surrogacy hasn’t been criminalised, surrogacy contracts are unenforceable, and there is no legal protection for parties involved, it can create problems in custody, citizenship, and parental rights, even more so when it is an international arrangement. Therefore, there are no official repercussions for engaging in surrogacy arrangements, but as mentioned there are many complexities.

Are There Other Options for Becoming Parents in Singapore?

Yes. Adopting a child in Singapore is legally accepted for people who are looking for a way to build a family. Single and married people are allowed to apply for this route, but the process is thorough and highly regulated.

Why Is Surrogacy Not Legal in Singapore?

There isn’t a specific reason as to why surrogacy is not legal, but ethically Singapore are concerned with exploitation, the commodification of motherhood, and cultural values are conflicted. This has led authorities to have a cautious, restrictive stance on the topic.