A Hong Kong judge has ruled in favour of a lesbian couple seeking legal recognition as parents of their son, born through reciprocal in vitro fertilisation (IVF). The landmark decision marks a significant step for LGBTQ+ rights in the city, which does not recognise same-sex marriage but is developing a framework for same-sex partnerships.
The couple, identified as B and R, married in South Africa in 2020 and underwent IVF there. An egg from R was fertilised with sperm from an anonymous donor, and the resulting embryo was implanted in B, who gave birth to the boy in Hong Kong in 2021. However, only B was listed as the mother on the birth certificate.
In his written judgment, Judge Russell Coleman found that parts of Hong Kong's Parent and Child Ordinance 'significantly impede' the child from representing his relationship with R. He stated that a 'reasonable balance is not struck between the societal benefits of the measure and the inroads made into the rights of the affected individuals.' The judge declined to issue an immediate remedy, preferring to hear further arguments on the appropriate relief.
A separate 2023 ruling by Judge Queeny Au-Yeung had already declared R a parent 'at common law', citing South African law which recognises the couple as the boy's parents. The latest decision builds on this, though it remains unclear how many couples will benefit.
The ruling aligns with European trends; the European Court of Justice in 2021 mandated cross-border recognition of same-sex parents, and Italy's Constitutional Court in May allowed two women to register as parents despite strict IVF and surrogacy laws. Meanwhile, Hong Kong lawmakers are set to debate a bill allowing residents in overseas unions to register local partnerships, though its passage is uncertain due to legislative opposition.
