Having Surrogacy for Singaporean Couple: 7 Legal Issues

According to Singapore's Ministry of Health (MOH), surrogacy is defined as an arrangement wherein a woman is artificially impregnated—whether for remuneration or not—with the intent that the child be relinquished and adopted by another individual or couple. Commercial surrogacy generally involves compensation for the surrogate. Both heterosexual and homosexual couples may seek surrogacy as an option. For heterosexual couples, it may be considered when the intended mother is unable to conceive or faces potential pregnancy-related complications. For homosexual couples who are unable to conceive, it allows for the possibility of having a biologically related child. Prior to engaging the services of a surrogate, it is essential to contemplate the following key legal matters:

1. Legality of Surrogacy in Singapore
   Surrogacy services are prohibited in Singapore. Assisted Reproduction (AR) centers are legally barred from offering such services and may face suspension, revocation of their licenses, or prosecution if found in violation. Individuals who seek these services within the country face no criminal repercussions; however, they may face difficulties in establishing legal connections to the child.

2. Engaging a Surrogate Overseas
   Given the prohibition of surrogacy locally, Singaporeans frequently look to countries such as the US, Malaysia, or Laos, where these services are not illegal. Former centers for surrogacy, such as India and Thailand, have implemented bans on commercial surrogacy for foreign nationals since 2015-2016. Reports indicate that at least 15 surrogacy-born children were brought to Singapore in 2017. However, there are significant risks involved: Singapore courts do not enforce foreign surrogacy agreements due to local laws, and should a surrogate retract (e.g., keeping the child), enforcement becomes complex, complicating citizenship and parental rights.

3. Use of Donor Eggs/Sperm
   If intended parents are unable to provide gametes, donor eggs or sperm may be utilized in "gestational surrogacy," in which embryos from the parents or donors are implanted in the surrogate. The availability of such arrangements depends on the laws of the host country; for instance, California allows it, while Louisiana restricts it solely to heterosexual couples using their own gametes and prohibits commercial arrangements.

4. Obtaining Parental Rights Over the Child
   Parental rights differ by the country of birth. In jurisdictions that are favorable to surrogacy, such as the US, intended parents may secure rights prior to the birth. In Laos, both the surrogate and intended father are named on the birth certificate, omitting the intended mother. In Malaysia, if the surrogate is married, she and her husband are recognized as the legal parents. Singapore currently lacks legal frameworks that allow for the direct transfer of parental rights; thus, intended parents must adopt the child in order to attain legal parenthood.

5. Receiving Donated Embryos
   In Singapore, the receipt of donated embryos is permissible at licensed AR centers under the Healthcare Services Act (HCSA), provided that the process is altruistic (i.e., without financial compensation to donors) and separate from the illegal practice of surrogacy. Donors are subject to screening regarding their health and genetic background, and consent for participation is tightly regulated—donors maintain the right to withdraw their consent at any time prior to use. Embryos are generated using IVF procedures involving donor eggs and/or sperm, which are subsequently implanted in the recipient (the intended mother). The birth mother is legally recognized as the parent of the child, with no automatic rights granted to the donors. This option is suitable for couples experiencing infertility but avoids the risks associated with surrogacy. However, demand can often surpass supply due to the altruistic nature of donations, and regulations mandate ethical practices, including CMV testing for recipients. The importation of frozen embryos from overseas is permitted pending approval from the MOH. It is advisable to consult an AR center to verify eligibility.

6. Common Considerations for Donors, Recipients/Surrogate Mothers, and Individuals Pursuing Surrogacy
   All parties involved face shared ethical, medical, psychological, and legal challenges, particularly considering Singapore's prohibition on surrogacy. Ethical concerns encompass potential exploitation of surrogates (e.g., in commercial arrangements), commodification of children, and power dynamics between wealthier intended parents and vulnerable surrogates and donors. Medical risks for surrogates and recipients include complications related to pregnancy, while donors may be subjected to health evaluations and long-term consequences. Psychologically, all parties may endure emotional challenges, such as attachment issues or feelings of regret. Legally, even in foreign jurisdictions, uncertainties may arise concerning consent, compensation, and the enforcement of rights; proposed guidelines for the potential legalization of surrogacy highlight altruistic models, medical protocols, and safeguards against coercion, but as of now, all forms remain prohibited within Singapore.

7. Obtaining Singapore Citizenship for the Child
   Most countries operate under the principle of jus soli (birthright citizenship), meaning that a child born in the US would acquire US citizenship. To obtain Singapore citizenship via the ICA, adoption may be necessary initially to enhance the likelihood of approval.
   
   However, the stance against surrogacy frequently leads to denials, and adoption does not guarantee citizenship. Overall, surrogacy presents considerable legal and ethical challenges in Singapore and is not advisable. Alternative methods, such as approved AR procedures like IVF or oocyte donation at local centers or USA-approved surrogacy should be considered instead.

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