Overview

• High Court Judge Russell Coleman found parts of the Parent and Child Ordinance unconstitutionally impede the boy’s ability to present his relationship with his non-gestational mother, citing risks around medical consent and harm to dignity.
• He declined to issue an immediate directive and requested further submissions from both sides on appropriate relief and a timetable.
• The couple underwent reciprocal IVF in South Africa in 2020, and their son, born in Hong Kong in 2021, has only the gestational mother listed on his birth certificate.
• A 2023 ruling recognized the non-gestational mother as a parent at common law, yet the Department of Justice refused to amend the birth record, saying there was no legal basis.
• Lawmakers are set to resume debate on registering overseas same-sex partnerships, though how many families would benefit and whether the bill will pass remain uncertain.