Partner Recognized as Parent Alongside Birth Mother
"Not Recognizing as Parent Infringes on Family Rights"
The Hong Kong court has ruled that in the case of children born through in vitro fertilization (IVF) to same-sex couples, parental status must be granted not only to the birth parent but also to the genetically connected partner. This is being regarded as a significant precedent recognizing the rights of same-sex families.
On June 27, an LGBTQ+ Pride marriage celebration event was held at San Francisco City Hall in the United States, where couples were registering their marriages (photo for article illustration purposes and unrelated to the article content). Photo by AP Yonhap News
According to the South China Morning Post (SCMP) on September 10 (local time), the Hong Kong court ruled in a first-instance trial the previous day that it was unlawful to recognize only the birth mother as the legal parent in the case of a female same-sex couple who had a son through IVF. The court pointed out that the act of the birth registration authority not recognizing both members of the same-sex couple as parents infringed upon the child's privacy and family rights.
Previously, a Chinese woman, R, and a South African woman, B, got married overseas in 2019. They had a son by using R’s egg and having B give birth. They later discovered that, when registering the birth with Hong Kong authorities, only B, the birth mother, was granted legal parental status, while R, the genetic mother, was not recognized with any legal rights. As a result, the couple filed a lawsuit in 2022.
Afterward, the Hong Kong court stated that R qualified as a parent under common law. However, due to concerns about infringing upon the role of the Legislative Council, the court did not specify what concrete legal rights R could enjoy as a parent. In 2023, the couple requested the Department of Justice to allow them to re-register their son’s parents to include both B and R, but this request was denied, leading them to seek judicial review.
Judge Russell Coleman, who delivered the verdict, pointed out that the child’s birth certificate did not accurately reflect the true family relationship, which could make it difficult for the son to form his belief system and sense of self. He emphasized that the government’s suggestion to designate R as a legal guardian was not a sufficient alternative, stating, "a parent is a parent."
Regarding the government’s concern about the lack of legal mechanisms in the event of a breakup between same-sex couples, the judge added that, if necessary, the court could limit parental rights and obligations in the best interests of the child. Currently, in Hong Kong, the rights of same-sex couples are recognized only for limited purposes such as taxation and inheritance.
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