Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Same-sex parenting

  • 9 Sept 2025

    K (AN INFANT) BY HIS NEXT FRIEND, R v. THE SECRETARY FOR JUSTICE

    Citation
    [2025] HKCFI 1974
    Court
    Court of First Instance
    Case number
    HCAL2063/2023

    The court held that the statutory scheme and the Registrar's refusal to re-register the birth so as to record the genetic non-gestational parent in the RIVF family engaged the applicant's BOR and Basic Law rights and that the Government failed to establish a legitimate aim and rational connection sufficient to justify the differential treatment under the Hysan proportionality analysis. Guardianship was not an adequate practical substitute for statutory recognition on the birth register. The constitutional challenge was therefore made good; precise remedial orders were reserved for further sub…

  • 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.

  • 21 May 2021

    AA v. BB

    Citation
    [2021] HKCFI 1401
    Court
    Court of First Instance
    Case number
    HCMP2342/2020

    Where the welfare checklist and evidence (including social welfare report and the children's views) show it is in the children's best interests, the Court has power under section 10(1) of the GMO or its inherent jurisdiction to order joint custody and joint care and control and to appoint the Respondent as guardian to act jointly with the Applicant; on that basis the Court granted the orders and de‑warded the children.