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Hong Kong Case Law

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Family law [2026] HKCFI 770

HSC AND ANOTHER v. T

The Court granted parental orders for two boys born through surrogacy, approved specified payments, and extended time for the applications despite illegality concerns.

  • Parental order
  • Surrogacy
  • Illegality and approval of payments
  • Extension of statutory time limit
  • Service out of jurisdiction
  • Parental-order
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Family law [2023] HKCFI 3143

A AND ANOTHER v. E

The Court granted a parental order for children born through surrogacy, approved RMB750,000 in expenses, and extended the 6-month filing limit.

  • Parental order
  • Surrogacy expenses approval
  • Extension of statutory time limit
  • Best interests of the child
  • Section 12 parent and child ordinance
  • Parental-order
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Family law [2023] HKFC 146

HC formerly known as HWH v. WYH

The Family Court transferred a divorce and custody dispute involving two surrogate children to the Court of First Instance, while making orders for the parties’ elder son.

  • Surrogacy
  • Parental order
  • Child custody
  • Transfer of proceedings
  • Inherent jurisdiction
  • Human reproductive technology ordinance s17
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Family law [2021] HKCFI 2854

S AND ANOTHER v. T

The Court of First Instance granted a parental order for a child born through Ukraine surrogacy, authorized the related payments retrospectively, and ordered the child dewarded.

  • Parental order
  • Surrogacy
  • Reasonable expenses
  • Best interests of the child
  • Retrospective authorization
  • Wardship
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Family law [2021] HKCFI 1998

RE LH AND ANOTHER

The Court held it had power under s 12(7) of the Parent and Child Ordinance to authorize expenses in advance, but refused relief because the intended commercial surrogacy agreement was illegal under s 17 of the HRTO.

  • Surrogacy
  • Parental orders
  • Authorization of expenses
  • Human reproductive technology ordinance s17
  • Public policy
  • Extra-territorial effect
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Family law RE Section 12 of the Parent and Child Ordinance (Cap 429)

RE Section 12 of the Parent and Child Ordinance (Cap 429)

The Family Court transferred this first Hong Kong surrogacy-parental-order case to the Court of First Instance because the issues were novel, international, and legally complex.

  • Surrogacy
  • Parental order
  • Pre-birth order
  • Transfer of proceedings
  • Statutory interpretation
  • Conflict of laws
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.