While "LGBT persons have a place in Singapore society", the Government "supports and encourages parenthood within marriage and does not support the formation of same-sex family units".

This was the statement issued by the Minister of Social and Family Development (MSF), Desmond Lee on Dec. 19.

Lee further noted that "concerns have been raised about the implications of this case and whether it sets a precedent for the formation of same-sex families in Singapore."

The statement was made in response to a landmark ruling by the Singapore High Court on Dec. 17, which approved a Singaporean gay man's appeal for the adoption, as a single parent, of his surrogate child who was conceived in the United States.

Initial response stated policies would be considered for review and strengthening

Earlier on Dec. 17, a spokesperson for MSF said that it would study the case's "Grounds of Decision carefully, and consider if the relevant policies and legislation need to be reviewed and further strengthened."

The Straits Times (ST) reported that lawyers representing the Guardian-in-Adoption from MSF had argued against the adoption, putting forward the argument that the status of the couple would greatly affect the child’s welfare should he be adopted.

According to a MSF spokesperson quoted by Channel NewsAsia (CNA), the rationale for the opposition was that it was "contrary to public policy against the formation of same-sex family units". 

The spokesperson also highlighted that the "applicant had also gone overseas for surrogacy to form a single parent household, when surrogacy is not permitted in Singapore."

However, the spokesperson noted that the view of the court was that:

"...an adoption order would make the child a legitimate child with the social acceptance attached to this status, and this would have some positive social, psychological and emotional impact on the child."

"Harder" for future applicants to do the same

These sentiments were echoed again in Lee's statement on Dec. 19, but with a harder line.

Lee added that even though the Courts said there was a lack of evidence that the applicant had "deliberately (violated) the relevant public policy", they have since recognised the adoption was a violation after giving their judgement.

Lee also stated that the Court's judgement was made after the judges decided that the welfare of the child outweighed that of going against public policy, and that the decision had been reached "with not insignificant difficulty”.

As such, "it may be harder for future applicants doing the same to argue that they did not intentionally"  set out to go against the policy which disapproves of same-sex family units.

Lee then concluded his statement by confirming that MSF would review its "adoption laws and legislation, to see if they should be amended and further strengthened."

Here is MSF's statement in full:

"On Monday (17 December 2018), the High Court granted a single man’s appeal to adopt his biological child. The applicant was in a relationship with another man, and will raise the boy with his partner, in a same-sex parent household. The boy was conceived and born overseas as a result of a commercial surrogate arrangement, which would not have been permitted in Singapore. Since the ruling, concerns have been raised about the implications of this case and whether it sets a precedent for the formation of same-sex families in Singapore.

The Court stated that they had reached their decision in this case “with not insignificant difficulty”. The judges recognised that granting the adoption would go against our public policy against the formation of same-sex family units. However, they decided to grant the adoption after balancing this against the interests of the child’s welfare. The Court emphasised that their decision was based on the particular facts of this case. The Court also said that there was a lack of evidence to show that the applicant had set out to deliberately violate the relevant public policy. After the publication of this judgement, since the Courts have recognised that the adoption violates the public policy against the formation of same-sex family units, it may be harder for future applicants doing the same to argue that they did not intentionally set out to do so.

LGBT persons have a place in Singapore society. At the same time, the Government supports and encourages parenthood within marriage, and does not support the formation of same-sex family units. This is the position that MSF takes in assessing adoption applications. The High

Court has recognised that this public policy is a relevant consideration in adoption proceedings.

MSF is studying the Grounds of Decision carefully before deciding on the next steps. We will review our adoption laws and related policies, to see if they should be amended and further strengthened.

Desmond Lee

Minister for Social & Family Development"

Top photo from MSF Facebook