CS AND ANOTHER v. SW

CS AND ANOTHER v. SW

Extension of time was granted and a parental order issued because statutory s.12 requirements were satisfied (with extension), the Surrogate consented, the children’s best interests required legal parentage with the Applicants, and although the arrangement breached Cambodian, Thai and Hong Kong prohibitions on commercial surrogacy, the court authorised retrospective approval of RMB 778,429 as payments made pursuant to and in connection with the agreement after assessing reasonableness, good faith and best interests, while rejecting a blanket bar to relief where children would suffer.

Citation
[2024] HKCFI 2326
Parties
1st Applicant: CS; 2nd Applicant: CTW; Respondent (surrogate): SW
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2024
Case Number
HCMP1731/2023
Procedural Posture
Parental Order Application Under Parent and Child Ordinance S.12 / Judgment (high Court, Court of First Instance)
Outcome
Parental orders granted; extension of time granted; specified payments authorised; no order as to costs save applicants to pay respondent's costs on indemnity basis; Registrar to notify Registrar of Births and Deaths.
Legal Topics
Parental Orders, Commercial Surrogacy, Approval of Payments Under S.12(7) PCO, Extension of Statutory Time Limit, Conflict of Laws (cambodia/thailand/hong Kong), Parentage and Legitimation, Re‑registration of Birth
Source Language
EN
Family Law Surrogacy Law Private International Law Children Law Criminal Law (trafficking/anti‑commercial Surrogacy) Parental Orders Commercial Surrogacy Approval of Payments Under S.12(7) PCO +4 more

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Parties

CS

1st Applicant

CTW

2nd Applicant

SW

Respondent (surrogate)

Procedural Posture

Parental Order Application Under Parent and Child Ordinance S.12 / Judgment (high Court, Court of First Instance)

Legal Issues

  1. 1 Whether the surrogacy arrangement breached Cambodian, Thai and Hong Kong law
  2. 2 Whether an extension of time to file under s.12(2) PCO should be granted
  3. 3 Whether payments made were expenses reasonably incurred or should be authorised/approved under s.12(7) PCO

Ratio Decidendi

Extension of time was granted and a parental order issued because statutory s.12 requirements were satisfied (with extension), the Surrogate consented, the children’s best interests required legal parentage with the Applicants, and although the arrangement breached Cambodian, Thai and Hong Kong prohibitions on commercial surrogacy, the court authorised retrospective approval of RMB 778,429 as payments made pursuant to and in connection with the agreement after assessing reasonableness, good faith and best interests, while rejecting a blanket bar to relief where children would suffer.

Court Disposition

Parental orders granted; extension of time granted; specified payments authorised; no order as to costs save applicants to pay respondent's costs on indemnity basis; Registrar to notify Registrar of Births and Deaths.

Orders

  • X (male twin) to be regarded in law as child of CS (1st Applicant) and CTW (2nd Applicant) pursuant to PCO s.12(1)
  • A (female twin) to be regarded in law as child of CS (1st Applicant) and CTW (2nd Applicant) pursuant to PCO s.12(1)