HSC AND ANOTHER v. T

HSC AND ANOTHER v. T

Court found statutory conditions in s.12 PCO satisfied: embryos created using Husband's gametes, children living with applicants, applicants domiciled/connected to Hong Kong, surrogates freely consented. Applicants acted in good faith and without moral taint; the disputed payments were not disproportionate in the context and appropriate sums were approved. Delay beyond six months was justified by ignorance and attempts to remedy status; extension of time granted. On that basis parental orders were granted for both boys and specified payments were approved, balancing illegality concerns with paramount welfare of the children.

Citation
[2026] HKCFI 770
Parties
1st Applicant: HSC (XXXX); 2nd Applicant: LBM (XXXX); Respondent (surrogate): T XX; Respondent (surrogate): D XX; Minor (hcmp 706/2025): HCK (XXXX); Minor (hcmp 707/2025): HCC (XXXX)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2026
Case Number
HCMP706/2025
Procedural Posture
Parental Order Application Under Parent and Child Ordinance S.12 / Final Judgment (chambers)
Outcome
Parental orders granted for both children; time for filing extended; specified payments approved
Legal Topics
Parental Order, Surrogacy, Illegality and Approval of Payments, Extension of Statutory Time Limit, Service Out of Jurisdiction
Source Language
EN
Family Law Reproductive Technology Law Private International Law Children Law Parental Order Surrogacy Illegality and Approval of Payments Extension of Statutory Time Limit +1 more

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Parties

HSC (XXXX)

1st Applicant

LBM (XXXX)

2nd Applicant

T XX

Respondent (surrogate)

D XX

Respondent (surrogate)

HCK (XXXX)

Minor (hcmp 706/2025)

HCC (XXXX)

Minor (hcmp 707/2025)

Procedural Posture

Parental Order Application Under Parent and Child Ordinance S.12 / Final Judgment (chambers)

Legal Issues

  1. 1 Whether payments made in respect of surrogacy are reasonable or require court approval under s.12(7) PCO
  2. 2 Whether the 6 month time limit in s.12(2) PCO should be extended
  3. 3 Effect of illegality of surrogacy under Hong Kong and PRC law on parental orders

Ratio Decidendi

Court found statutory conditions in s.12 PCO satisfied: embryos created using Husband's gametes, children living with applicants, applicants domiciled/connected to Hong Kong, surrogates freely consented. Applicants acted in good faith and without moral taint; the disputed payments were not disproportionate in the context and appropriate sums were approved. Delay beyond six months was justified by ignorance and attempts to remedy status; extension of time granted. On that basis parental orders were granted for both boys and specified payments were approved, balancing illegality concerns with paramount welfare of the children.

Court Disposition

Parental orders granted for both children; time for filing extended; specified payments approved

Orders

  • Time extended until 8 May 2025 for the Applicants to apply under PCO s.12(1) for a parental order in relation to each of the 2 Boys
  • The payments of HK$860,000 made in respect of the surrogacy arrangement of the Elder Son be approved pursuant to PCO s.12(7)