Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Authorization of surrogacy payments

  • 18 Jul 2022

    T AND ANOTHER v. N AND OTHERS

    Citation
    [2022] HKCFI 2150
    Court
    Court of First Instance
    Case number
    HCMP797/2021

    On the evidence in the supplemental Adoption Unit report and supplemental social investigation report — including cleared criminal record checks, observed positive interaction, attachment and parental capacity — the court was satisfied that it is in the minor's best interests to grant the orders sought under section 12 PCO: extension of time, declaration that the minor is the child of the applicants, and retrospective authorization of surrogacy payments; Registrar to be notified under s12(9).

  • 16 Mar 2022

    T AND ANOTHER v. N AND OTHERS

    Citation
    [2022] HKCFI 747
    Court
    Court of First Instance
    Case number
    HCMP797/2021

    The court granted an extension of time under s12(2) having regard to the welfare of the child and the short delay; it construed 'home' in s12(3)(a) flexibly and concluded on the facts that the child’s home was with the applicants despite the child remaining in Georgia; it authorized retrospective approval of the surrogacy payments under s12(7) as reasonable in the circumstances and without evidence of moral taint or public policy abuse; however the court adjourned final determination and directed that the child be brought to Hong Kong so the social work officer and Official Solicitor can phys…