31 Aug 2023
NF v. R
- Citation
- [2023] HKCFI 2233
- Court
- Court of First Instance
- Case number
- HCMP447/2022
Section 6 must be read in context of Part V (ss9-11) which applies to births resulting from medical treatment and designates the gestational woman as the legal mother and defines fatherhood; therefore R could not be declared a parent under s6(1) PCO. The court declined to invoke parens patriae and instead granted a limited declaration that R is a parent at common law under the "any other relief" limb of the originating summons because R is the genetic and social parent, but recognition beyond that requires legislative change.