Surrogacy Legal Services and Application for Parent Order

Table of Contents

With the advancement and popularity of reproductive technology, it has become increasingly common to have children through technologically assisted reproduction (i.e. surrogacy). However, in the case of surrogacy, the gamete-providing parent is not necessarily the legal parent of the surrogate child, and an application for a Parental Order is required in order to legally recognize the legal parentage between the gamete-providing parent and the surrogate child.

Scope of Practice

We provide legal services in the following areas:

Providing legal advice on issues relating to the parentage of surrogate children, application for parent orders, right of abode in Hong Kong, etc;
Representing clients in applying to the court for a parent order to recognize legal parentage;
Providing legal advice and assistance in applying for right of abode in Hong Kong for surrogate children born overseas to Hong Kong permanent residents.

文章：代孕及申请父母令

代孕、申请父母令及香港居留权

Laws and Cases Related to Surrogacy in Hong Kong

Section 12 of Parent and Child Ordinance (Chapter 429): Judgement of Parentage Order in Surrogacy Relationships
Section 10 of Parent and Child Ordinance (Chapter 429): Legal Paternity of a Child in a Surrogacy Relationship
Section 17 of Human Reproductive Technology Ordinance (Chapter 561): Prohibition of commercial surrogacy.
T v N (HCMP 797/2021): paragraph 37, summarizing the legal principles for the application for a decree of adjudication of parentage in a surrogacy relationship under section 12 of the Parent and Child Ordinance
FH v WB (HCMP 1313/2018): (a) summarizing the principle that the interests of the child are paramount; (b) the court’s power to adjourn an application beyond 6 months; (c) whether the court may authorize the granting of surrogacy fees in excess of reasonable expenses
Re LH & LW (Expenses for Intended Surrogacy) (HCMP 707/2021): The court refused to grant advance approval for surrogacy expenses.