HSC AND ANOTHER v. 田

HSC AND ANOTHER v. 田

Substituted service via the agent was refused because no attempts were made to effect service by prescribed methods, substituted service cannot be justified by speed alone, the proposed agent was unreliable and unqualified to effect service, and written consents did not extinguish procedural requirements; application for interim care and control was dismissed for lack of necessity or emergency and because the Wife's legal maternal status was not established; leave was granted to file a further PRC expert report and further affirmation to address whether Surrogates can relinquish maternal rights under PRC law and assist with Hong Kong identity/single‑way permit applications.

Citation
[2025] HKCFI 2483
Parties
1st Applicant (husband): HSC (XXXX); 2nd Applicant (wife): LBM (XXXX); Minor (subject of HCMP 706/2025): HCK (XXXX); Minor (subject of HCMP 707/2025): HCC (XXXX); Respondent (surrogate): 田XX; Respondent (surrogate): 丁XX
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2025
Case Number
HCMP706/2025
Procedural Posture
Parental Orders Under Parent and Child Ordinance (cap.429) Arising From Surrogacy / Call Over Hearing; Preliminary Directions and Determination of Interim and Service Applications
Outcome
Application for substituted service dismissed; application for interim care and control dismissed at this stage; leave granted to file further PRC expert report and further affirmation; anonymity and costs directions given.
Legal Topics
Surrogacy, Parental Orders, Service Out of Jurisdiction/substituted Service, Interim Care and Control, Recognition of Foreign Parentage, Expert Evidence on Foreign Law, Applications for Hong Kong Identity Documents for Children Born in Mainland China
Source Language
EN
Family Law Private International Law Civil Procedure Immigration Law (identity/household Registration) Comparative/prc Law Surrogacy Parental Orders Service Out of Jurisdiction/substituted Service +4 more

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Parties

HSC (XXXX)

1st Applicant (husband)

LBM (XXXX)

2nd Applicant (wife)

HCK (XXXX)

Minor (subject of HCMP 706/2025)

HCC (XXXX)

Minor (subject of HCMP 707/2025)

田XX

Respondent (surrogate)

丁XX

Respondent (surrogate)

Procedural Posture

Parental Orders Under Parent and Child Ordinance (cap.429) Arising From Surrogacy / Call Over Hearing; Preliminary Directions and Determination of Interim and Service Applications

Legal Issues

  1. 1 Whether substituted service via an agent in Mainland China was appropriate
  2. 2 Whether interim care and control should be granted to the Applicants
  3. 3 Whether and how parental rights and status (mother/father/step‑parent) under PRC law can be altered to assist Hong Kong residence applications

Ratio Decidendi

Substituted service via the agent was refused because no attempts were made to effect service by prescribed methods, substituted service cannot be justified by speed alone, the proposed agent was unreliable and unqualified to effect service, and written consents did not extinguish procedural requirements; application for interim care and control was dismissed for lack of necessity or emergency and because the Wife's legal maternal status was not established; leave was granted to file a further PRC expert report and further affirmation to address whether Surrogates can relinquish maternal rights under PRC law and assist with Hong Kong identity/single‑way permit applications.

Court Disposition

Application for substituted service dismissed; application for interim care and control dismissed at this stage; leave granted to file further PRC expert report and further affirmation; anonymity and costs directions given.

Orders

  • Substituted service order dismissed
  • Application for interim care and control of the boys to the Applicants dismissed at this stage