Should surrogacy be legalised in Singapore for married heterosexual couples?

Authors: Estelle Goh (25A01E), Mahi Arya (25A01E), Sim Jin Yen (25S03B), Maggie Yong Yu Han (25S03S)

Abstract

Jurisdictions around the world differ in the legalisation of surrogacy. In Singapore, surrogacy is prohibited, but no law addresses surrogacy arrangements or legal parenthood of a child born out of surrogacy, nor regulates a Singaporean's participation in surrogacy procedures abroad. The absence of a holistic legal framework renders surrogacy procedures undesirable in Singapore, causing couples to turn to overseas surrogacy, which may embroil them in legal and ethical implications. This amplifies the urgency of the need for laws to address surrogacy both in Singapore and Singaporean involvement in transnational surrogacy.

Our paper investigates the current laws on surrogacy by examining its state and rationale, and highlights the urgency of establishing a legal framework by studying how the laws conflict with other legislation. Through legal and extra-legal perspectives, and a comparative analysis of Hong Kong and Singapore's jurisdictions, we conclude the legal feasibility of legalising surrogacy in Singapore. This informs our proposal of a legal pathway for surrogacy, as we propose amendments to and considerations in legalising surrogacy.

SurrogacyinSingapore_Final.pdf

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