PART 2 PARENTHOOD IN CASES INVOLVING ASSISTED
REPRODUCTION TECHNOLOGY |
| Consent to fertilisation procedure |
4. For the purposes of this Act —| (a) | a person is deemed not to have validly given or withdrawn the person’s consent to a fertilisation procedure, whether done in Singapore or elsewhere, unless the person gives or withdraws his or her consent (as the case may be) in writing; and | | (b) | unless the contrary is proved, a person is presumed to have validly given or withdrawn the person’s consent to a fertilisation procedure done in Singapore if the person gives or withdraws his or her consent (as the case may be) to the fertilisation procedure —| (i) | in writing; and | | (ii) | in accordance with any law or any condition imposed pursuant to any law, or any requirement or procedure imposed by the responsible authority, in respect of that fertilisation procedure. |
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| Person who provided egg or sperm not to be treated as parent |
5. Except as determined under this Act, where a child is brought about as a result of a fertilisation procedure —| (a) | the woman whose egg the child was brought about with is not to be treated as the mother of the child; and | | (b) | the man whose sperm the child was brought about with is not to be treated as the father of the child. |
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| Gestational mother treated as mother |
| 6. Subject to section 9, where a woman has carried a child as a result of a fertilisation procedure, the woman is to be treated as the mother of the child from the date of the birth of the child, whether she was in Singapore or elsewhere at the time she underwent the fertilisation procedure. |
| Husband treated as father |
7.—(1) Subject to subsection (7), where —| (a) | a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child, or was married at any time thereafter; and | | (b) | the child was brought about with the sperm of her husband in that marriage, |
| her husband in that marriage is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later. |
(2) Subject to subsection (7), where —| (a) | a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child; and | | (b) | the child was not brought about with the sperm of her husband in that marriage, |
| her husband in that marriage is to be treated as the father of the child from the date of the birth of the child unless it is proved that he did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out. |
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(3) Subject to subsection (7), where —| (a) | a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child; | | (b) | the child was not brought about with the sperm of her husband in that marriage; | | (c) | her husband in that marriage did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and | | (d) | her husband in that marriage has nevertheless through a course of conduct accepted the child as a child of the marriage knowing that the child was not brought about with his sperm, |
| her husband in that marriage is to be treated as the father of the child from the time he so accepted the child. |
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(4) Subject to subsection (7), where —| (a) | a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; | | (b) | the gestational mother was married to the de facto partner at any time after the fertilisation procedure; and | | (c) | the child was brought about with the sperm of the de facto partner, |
| the de facto partner is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later. |
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(5) Subject to subsection (7), where —| (a) | a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; | | (b) | the gestational mother was married to the de facto partner at any time after the fertilisation procedure; and | | (c) | the child was not brought about with the sperm of the de facto partner, |
| the de facto partner is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later, unless it is proved that he did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out. |
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(6) Subject to subsection (7), where —| (a) | a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; | | (b) | the gestational mother was married to the de facto partner at any time after the fertilisation procedure; | | (c) | the child was not brought about with the sperm of the de facto partner; | | (d) | the de facto partner did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and | | (e) | the de facto partner has nevertheless through a course of conduct accepted the child as a child of the relationship or of the marriage (as the case may be) knowing that the child was not brought about with his sperm, |
| the de facto partner is to be treated as the father of the child from the time he so accepted the child or the date of the marriage, whichever is the later. |
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| (7) If 2 or more men are to be treated as the father of a child by virtue of one or more provisions in this section, only the man who is to be treated as the father of the child earlier in time by virtue of a provision in this section is to be treated as the father of the child, and no other man is to be treated as the father of the child by virtue of any other provision in this section. |
| (8) This section is subject to section 9. |
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| Court may order de facto partner to be treated as father |
8.—(1) This section applies only if —| (a) | no man is treated as the father of a child by virtue of any provision in section 7; | | (b) | section 9 does not apply; and | | (c) | there is no prior court order declaring that a man is to be treated as the father of a child under this section. |
(2) Where —| (a) | a gestational mother had a de facto partner —| (i) | at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; or | | (ii) | at any time after she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; and |
| | (b) | the child was brought about with the sperm of the de facto partner, |
| the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. |
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(3) Where —| (a) | a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; | | (b) | the child was not brought about with the sperm of the de facto partner; and | | (c) | the de facto partner had consented to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out, |
| the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. |
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(4) Where —| (a) | a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; | | (b) | the child was not brought about with the sperm of the de facto partner; | | (c) | the de facto partner did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and | | (d) | the de facto partner has nevertheless through a course of conduct accepted the child as a child of the relationship knowing that the child was not brought about with his sperm, |
| the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. |
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| (5) To avoid doubt, and without affecting section 10(9), a de facto partner to whom this section applies is not to be treated as the father of a child unless the court so declares. |
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| Parenthood where egg, sperm or embryo used is not intended to be used |
9.—(1) This section applies where —| (a) | by reason of any mistake, negligence, recklessness or fraud, any egg, sperm or embryo used in a fertilisation procedure undergone by a gestational mother was not the egg, sperm or embryo intended to be used by the gestational mother or, where applicable, her husband or her de facto partner, as the case may be; and | | (b) | the use of the egg, sperm or embryo in the fertilisation procedure resulted in the gestational mother carrying a child. |
(2) Subject to subsection (3), the parenthood of the child born as a result of a fertilisation procedure mentioned in subsection (1) is to be determined in accordance with section 6 or 7 (as the case may be) as if —| (a) | the mistake, negligence, recklessness or fraud had not occurred; and | | (b) | the child was brought about with the egg, sperm or embryo intended to be used by the gestational mother or, where applicable, her husband or her de facto partner (as the case may be) and not the egg, sperm or embryo actually used. |
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| (3) Subject to subsection (4), the court may, in its discretion and upon an application made under section 10 by a person other than the person to be treated as the parent of a child under subsection (2), declare that that person is to be the parent of the child. |
| (4) The court is not to declare that a person is to be treated as the parent of a child pursuant to subsection (3) unless an application has been made under section 10 within 2 years after the date on which the applicant discovered that the child was born as a result of a fertilisation procedure mentioned in subsection (1). |
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| Application to determine parenthood |
10.—(1) This section applies to all applications to determine the parenthood of a child under this Act. (2) The following persons may apply to the court for an order to determine the parenthood of a child under this Act:| (a) | the child; | | (b) | a person claiming to be treated as the parent of a child pursuant to section 6, 7 or 9(2); | | (c) | a person seeking a declaration by the court that the person be treated as the parent of a child pursuant to section 8 or 9(3); | | (d) | any other person, with the permission of the court. [Act 25 of 2021 wef 15/10/2024] |
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| (3) The court is not to grant permission to any person for the purpose of subsection (2)(d) unless it is satisfied that the person seeking permission has a sufficient interest in the parenthood of the child even though the person is not claiming to be treated as the parent of a child or seeking a court order declaring that the person be treated as the parent of a child. [Act 25 of 2021 wef 15/10/2024] |
| (4) An application to determine the parenthood of a child may only be made after the birth of the child. |
| (5) An application to determine the parenthood of a child may be made whether or not there is a dispute as to the parenthood of the child. |
| (6) An application to determine the parenthood of a child may be contested by the child or any person who is treated or seeking to be treated as the parent of the child. |
(7) Where the parenthood of a child is to be determined in the discretion of the court pursuant to section 8 or 9(3) —| (a) | the welfare and best interests of the child is to be the first and paramount consideration of the court; and | | (b) | the court may have regard to all or any of the following matters, where applicable, in considering the welfare and best interests of the child:| (i) | the wishes of the child, where the child is of an age to express an independent opinion; | | (ii) | the child’s biological relationship with any party to the proceedings; | | (iii) | the age of the child; | | (iv) | any bond that has developed between the child and any party to the proceedings; | | (v) | the intention of the parties to the proceedings with regard to the parenthood of the child; | | (vi) | the conduct and behaviour of the parties to the proceedings; | | (vii) | the relationship between the child and any child of a party to the proceedings; | | (viii) | the respective abilities of the parties to the proceedings to provide for the child’s physical, emotional, developmental and other needs; | | (ix) | the extent to which any party to the proceedings can facilitate the child’s relationship with any other party to the proceedings; | | (x) | any other relevant matter. |
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| (8) An application to determine the parenthood of a child may include an application for ancillary orders relating to the welfare of the child, including a declaration of the legitimacy of the child and an order for a person treated as a parent to maintain the child, and the court may make such ancillary orders as it deems necessary. |
| (9) Subject to sections 6, 7 and 9(2), an order by the court in an application to determine the parenthood of a child shall take effect from the date of the order or from such other date as may be specified in the order. |
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11. If the woman who is to be treated as the mother of a child under this Act is married to the man who is to be treated as the father of the child under this Act, the child is to be treated as legitimate and a child of the marriage from whichever of the following dates occurs last:| (a) | the date of the child’s birth; | | (b) | the date of the marriage; | | (c) | the date the child is accepted as a child of the marriage by the man who is to be treated as the child’s father. |
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| 12. [Repealed by Act 17 of 2021 wef 29/05/2022] |
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