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Hong Kong Case Law

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Family law [2026] HKCFI 770

HSC AND ANOTHER v. D

The Court of First Instance granted parental orders for two children born through illegal surrogacy arrangements, approved specified payments, and extended the six-month filing period.

  • Parental order
  • Commercial surrogacy illegality
  • Approval of payments under s.12(7)
  • Extension of s.12(2) time limit
  • Service out of jurisdiction (mainland china)
  • Status of parentage under prc law
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Family law [2024] HKCFI 2326

CS AND ANOTHER v. SW

Hong Kong parental order case on commercial surrogacy, with time extension and approval of payments granted despite breaches of Hong Kong and foreign law.

  • 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
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Family law [2024] HKCFI 1157

HC formerly known as HWH v. WYH

The Court of First Instance held that surrogacy-born children may be “children of the family” under the MPPO, allowing custody and maintenance orders without adoption or a parental order.

  • Child of the family
  • Custody
  • Maintenance
  • Jurisdiction
  • Surrogacy
  • Parental order
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Family law [2022] HKCFI 747

T AND ANOTHER v. N AND OTHERS

The court extended time for a surrogacy parental order application, accepted a flexible view of the child’s “home,” and retrospectively approved surrogacy payments, but adjourned final determination for further reports.

  • Parental order
  • Section 12 pco
  • Home requirement
  • Time extension
  • Authorization of surrogacy payments
  • Social investigation report
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Family law [2022] HKCFI 556

C AND ANOTHER v. A AND OTHERS

Wardship was ended after the court found no basis for continued protection and held adoption applications should proceed in the District Court.

  • Wardship
  • Section 23a retrospective leave to adopt
  • Freeing order under section 5a
  • Jurisdiction and transfer of proceedings
  • Social investigation and suitability assessment
  • Procedural irregularities
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Family law [2019] HKCFI 1749

RE A AND ANOTHER

The Court of First Instance granted a parental order for twins born through surrogacy, extended time to apply by nine months, and retrospectively authorised RMB300,000 in expenses.

  • Parental order
  • Extension of time
  • Retrospective authorisation of expenses
  • Best interests of the child
  • Public policy and criminal prohibition
  • Parental-order
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Family law S v. J

S v. J

The court held that a parental order under section 12 of the Parent and Child Ordinance required a joint spousal application, made the children wards of court, and extended the husband’s access.

  • Parental order under pco
  • Wardship
  • Parental status and recognition
  • Permanent residency and nationality
  • Dna paternity testing
  • Costs
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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.