A AND ANOTHER v. E

A AND ANOTHER v. E

The Court found statutory requirements of s12 were satisfied, the Applicants acted in good faith, the RMB750,000 payments were reasonable in the circumstances and thus authorized under s12(7), the parental order was in the Children’s best interests, and the 6 month limit was extended due to COVID‑related delay and...

Source-derived case information.

Citation
[2023] HKCFI 3143
Parties
1st Applicant: A; 2nd Applicant: B; Respondent: E
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2023
Case Number
HCMP731/2023
Procedural Posture
Parental Order Application Under Parent and Child Ordinance (cap 429) / Judgment (court of First Instance, in Chambers)
Outcome
Parental order granted; surrogacy expenses authorized; time for filing extended.
Legal Topics
Parental Order, Surrogacy Expenses Approval, Extension of Statutory Time Limit, Best Interests of the Child, Section 12 Parent and Child Ordinance
Source Language
en
Family Law Reproductive Technology Law Child Welfare Immigration Law Parental Order Surrogacy Expenses Approval Extension of Statutory Time Limit Best Interests of the Child +1 more

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Parties

A

1st Applicant

B

2nd Applicant

E

Respondent

Procedural Posture

Parental Order Application Under Parent and Child Ordinance (cap 429) / Judgment (court of First Instance, in Chambers)

Legal Issues

  1. 1 Whether RMB750,000 paid in connection with the surrogacy were reasonable expenses and should be authorized under s12(7) PCO
  2. 2 Whether grant of a parental order is in the best interests of the Children
  3. 3 Whether the 6 month time limit in s12(2) should be extended

Ratio Decidendi

The Court found statutory requirements of s12 were satisfied, the Applicants acted in good faith, the RMB750,000 payments were reasonable in the circumstances and thus authorized under s12(7), the parental order was in the Children’s best interests, and the 6 month limit was extended due to COVID‑related delay and prompt conduct thereafter.

Court Disposition

Parental order granted; surrogacy expenses authorized; time for filing extended.

Orders

  • Time for filing the Originating Summons extended to 11 May 2023 and refiling dispensed with
  • C and D shall be regarded in law as the children of the Applicants pursuant to section 12 of the Parent and Child Ordinance