SINGAPORE: The High Court of Singapore on Monday (Dec 17) allowed a gay man’s application to adopt his five-year-old biological son who was born through a surrogate mother in the United States.

“This is a landmark case because it’s the first time surrogacy and gay adoption have been canvassed in court,” the man’s lawyer, Koh Tien Hua of Eversheds Harry Elias, told Channel NewsAsia.

The man, a 46-year-old pathologist, has been dating a man of the same age since 1998. The couple - both Singapore citizens - began cohabiting in 2003 and currently reside with the child and a domestic helper in a condominium here, according to court documents.

Sex between men is criminal in Singapore and same-sex marriages are not legally recognised.

The couple had initially wanted to adopt but were advised by agencies that their homosexual orientation would hinder success. So they travelled to the US and paid about US$200,000 for a woman to carry and deliver a baby through in-vitro fertilisation and then hand the child over.

In a statement provided to Channel NewsAsia, the man said: "This has been a long and difficult journey for our family. We are happy and relieved with the High Court's ruling. We hope that with the adoption order, it will increase the chances of our son residing in Singapore for the long term."

The High Court’s decision to overturn the earlier ruling hinged on it being satisfied that adoption would be for the welfare of the child, and to increase his prospects of securing Singapore citizenship and possible long-term residence in Singapore, where his natural father and family support structures were located.

“This consideration carries significant weight, given its bearing on the child’s sense of security and emotional well-being, as well as the long-term stability of his care arrangements,” Chief Justice Sundaresh Menon wrote. Read more via Channel News Asia