T AND ANOTHER v. N AND OTHERS

T AND ANOTHER v. N AND OTHERS

The court granted an extension of time under s12(2) having regard to the welfare of the child and the short delay; it construed 'home' in s12(3)(a) flexibly and concluded on the facts that the child’s home was with the applicants despite the child remaining in Georgia; it authorized retrospective approval of the...

Source-derived case information.

Citation
[2022] HKCFI 747
Parties
1st Applicant: T; 2nd Applicant: L; 1st Respondent: N; 2nd Respondent: R; 3rd Respondent: The Minor (through his guardian ad litem The Official Solicitor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2022
Case Number
HCMP797/2021
Procedural Posture
Parental Order Application Under Section 12 Parent and Child Ordinance (surrogacy) / Judgment and Directions; Final Hearing Adjourned Pending Supplemental Reports
Outcome
Originating summons adjourned for short substantive hearing after supplemental reports; time extended; retrospective authorization of surrogacy payments granted; finding that child's home was with applicants; final parental order deferred pending supplemental assessment.
Legal Topics
Parental Order, Section 12 PCO, Home Requirement, Time Extension, Authorization of Surrogacy Payments, Social Investigation Report, Best Interests of the Child, Service Out of Jurisdiction, Foreign Law Evidence
Source Language
en
Family Law Surrogacy Law Child Welfare Immigration Law International Private Law Parental Order Section 12 PCO Home Requirement +6 more

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Parties

T

1st Applicant

L

2nd Applicant

N

1st Respondent

R

2nd Respondent

The Minor (through his guardian ad litem The Official Solicitor)

3rd Respondent

Procedural Posture

Parental Order Application Under Section 12 Parent and Child Ordinance (surrogacy) / Judgment and Directions; Final Hearing Adjourned Pending Supplemental Reports

Legal Issues

  1. 1 Whether time should be extended under s12(2) PCO for filing the parental order application
  2. 2 Whether s12(3)(a) requirement that the child’s home be with the applicants (or either of them) was satisfied when the child remained abroad
  3. 3 Whether payments made for the surrogacy arrangements should be authorised under s12(7) PCO

Ratio Decidendi

The court granted an extension of time under s12(2) having regard to the welfare of the child and the short delay; it construed 'home' in s12(3)(a) flexibly and concluded on the facts that the child’s home was with the applicants despite the child remaining in Georgia; it authorized retrospective approval of the surrogacy payments under s12(7) as reasonable in the circumstances and without evidence of moral taint or public policy abuse; however the court adjourned final determination and directed that the child be brought to Hong Kong so the social work officer and Official Solicitor can physically observe the child with the applicants and file supplemental reports, the welfare of the...

Court Disposition

Originating summons adjourned for short substantive hearing after supplemental reports; time extended; retrospective authorization of surrogacy payments granted; finding that child's home was with applicants; final parental order deferred pending supplemental assessment.

Orders

  • Extend time for filing under s12(2) PCO and proceed with merits determination
  • Retrospective authorization and approval of surrogacy payments totalling USD 52,575