T AND ANOTHER v. N AND OTHERS

T AND ANOTHER v. N AND OTHERS

On the evidence in the supplemental Adoption Unit report and supplemental social investigation report — including cleared criminal record checks, observed positive interaction, attachment and parental capacity — the court was satisfied that it is in the minor's best interests to grant the orders sought under section...

Source-derived case information.

Citation
[2022] HKCFI 2150
Parties
1st Applicant: T; 2nd Applicant: L; 1st Respondent: N; 2nd Respondent: R; 3rd Respondent (through Guardian Ad Litem the Official Solicitor): B (the Minor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2022
Case Number
HCMP797/2021
Procedural Posture
Section 12 Application Under the Parent and Child Ordinance (cap 429) / Final Orders Made After Supplemental Social Investigation and Suitability Reports and Resumed Hearing
Outcome
Parental order and related relief granted in favor of the applicants; time extended; retrospective authorization of surrogacy payments granted; Registrar of Births and Deaths to be notified; no order as to costs.
Legal Topics
Parental Order, Best Interests of the Child, Extension of Time to Apply, Authorization of Surrogacy Payments, Registration of Parentage
Source Language
en
Family Law Adoption Surrogacy Child Welfare Parental Order Best Interests of the Child Extension of Time to Apply Authorization of Surrogacy Payments +1 more

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Parties

T

1st Applicant

L

2nd Applicant

N

1st Respondent

R

2nd Respondent

B (the Minor)

3rd Respondent (through Guardian Ad Litem the Official Solicitor)

Procedural Posture

Section 12 Application Under the Parent and Child Ordinance (cap 429) / Final Orders Made After Supplemental Social Investigation and Suitability Reports and Resumed Hearing

Legal Issues

  1. 1 Whether it is in the best interests of the minor for the applicants to be legally recognized as his parents under section 12 PCO
  2. 2 Whether time to apply for a parental order should be extended
  3. 3 Whether retrospective authorization should be given for payments made in respect of surrogacy arrangements

Ratio Decidendi

On the evidence in the supplemental Adoption Unit report and supplemental social investigation report — including cleared criminal record checks, observed positive interaction, attachment and parental capacity — the court was satisfied that it is in the minor's best interests to grant the orders sought under section 12 PCO: extension of time, declaration that the minor is the child of the applicants, and retrospective authorization of surrogacy payments; Registrar to be notified under s12(9).

Court Disposition

Parental order and related relief granted in favor of the applicants; time extended; retrospective authorization of surrogacy payments granted; Registrar of Births and Deaths to be notified; no order as to costs.

Orders

  • Time for the Applicants to apply for a parental order under section 12(1) of the Parent and Child Ordinance be extended for 2 months
  • B be regarded in law as the child of the Applicants