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Couples may face a legal and ethical minefield
Tue, Aug 19, 2008
The Sunday Times

Legal and medical experts here say several problems can crop up when Singaporean couples look for surrogate mothers overseas.

While doctors here are barred from helping childless couples conceive via a surrogate mother, there do not appear to be any laws prohibiting childless couples from entering into such arrangements outside Singapore.

In the case of surrogacy through in-vitro fertilisation (IVF), experts say couples should not have a problem bringing the baby back and registering him as their child, especially if the child's birth certificate bears the names of the genetic parents.

But it is not so clear-cut when it comes to natural surrogacy.

Since the surrogate mother is also the biological mother of the child, the law may give her parental rights over the child.

One way to circumvent the issue is to adopt the child, lawyer Alvin Chang said.

But Singapore has strict laws regulating adoption. There are detailed assessments on the couple who want to adopt. No money should exchange hands too.

There are also ethical problems.

Dr Noel Leong, medical director of Noel Leong Fertility & IVF Clinic, said there is a risk of the system being abused.

'It's like organ donation, those who are less well-off may be exploited.'

Dr Surinder Singh from the TMC Fertility Centre had more questions.

For instance, would parents be allowed to reject the baby if he turns out to be not what they had expected? 'What if the baby comes out with Down's Syndrome, then what happens?'

Contractual agreements may not hold up in court too.

In the United States and Britain, the surrogate mother may decide to keep the baby and there is nothing that the biological parents can do.

Because of the small numbers here, Mr Chang said the law here 'has not caught up with the situation yet'.

But whether there is a case for review remains to be seen.

Dr Leong added: 'Singaporeans are less gung-ho about having a baby at all cost. Our couples tend to be more pragmatic.'

This article was first published in The Sunday Times on August 17, 2008.

 

 
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