11 Mar 2025
RE HDF
- Citation
- [2025] HKFC 47
- Court
- Family Court
- Case number
- FCMP185/2024
The court held that an order granting custody under the GMO cannot be made in favour of a biological father who is not registered as father in the birth certificate and who has not obtained a declaration of parentage under section 6(1) of the Parent and Child Ordinance; until parentage is declared in accordance with the PCO (and its jurisdictional and procedural requirements satisfied), the applicant cannot be treated as a parent for purposes of the GMO and therefore cannot obtain custody; accordingly the interim custody order must be discharged and the originating summons would have been dis…