Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child of the family

  • 30 Apr 2024

    HC formerly known as HWH v. WYH

    Citation
    [2024] HKCFI 1157
    Court
    Court of First Instance
    Case number
    HCMC3/2023

    A child born by surrogacy may be a 'child of the family' under s2 MPPO if the commissioning parents have treated the child as a child of their family; therefore the court (Family Court or CFI) has jurisdiction under s19(1) MPPO to make custody and maintenance orders for such children without a parental order or adoption order being in place, subject to protecting any third party rights under s19(2).

  • 9 May 2017

    黃 對 梁

    Citation
    黃 對 梁
    Court
    Family Court
    Case number
    FCMC11415/2015

    On the objective test, the respondent did not treat the child as a child of the family and there was no common family unit: extremely limited contact over a decade, no shared residence, applicant and her parents controlled the child’s care and finances, and respondent did not exercise parental responsibilities. Therefore the daughter is not a 'child of the family' under s.2 and applicant cannot claim dependent relief for her.

  • 20 Nov 2007

    WRW v. MW

    Citation
    WRW v. MW
    Court
    Family Court
    Case number
    FCMC8252/2005

    On the balance of probabilities the court found there was no evidence that the petitioner treated K as a child of the family: the presence of the petitioner's name on the birth certificate was not conclusive, the respondent's affidavits contained no evidence of specific treatment of K as a child of the family, and the petitioner's consistent financial support to the respondent's extended family explained the circumstances; accordingly the court declared K not a child of the family and awarded costs to the petitioner.