In a landmark decision, the Hong Kong High Court has granted a local married couple parental rights over two boys born through a verbal surrogacy arrangement in mainland China, ruling that the couple was simply unaware the practice was illegal. The ruling, handed down on Tuesday, allows the 61-year-old husband and 59-year-old wife—both Hong Kong permanent residents—to bring the children to the city after they were previously denied identification documents.
The couple commissioned two surrogates via an agent in Shenzhen in July 2023. Court documents reveal that the embryos were created using the husband's sperm and eggs from donors, with each surrogate carrying one embryo. The boys were delivered via caesarean section in the mainland city the following year, 2024.
The parents turned to the High Court for a parental order after failing to secure the necessary identification papers for the infants to relocate from Shenzhen to Hong Kong. Authorities denied the documents because the wife was not the birth mother, leaving the family in legal limbo despite their permanent residency status.
Justice in the case acknowledged the couple's ignorance of the law, granting the parental order in their favor. Commercial surrogacy arrangements are prohibited in both Hong Kong and mainland China, making such cases rare and legally complex.
A lawyer involved in surrogacy matters noted that while the decision provides relief for this family, it is unlikely to set a precedent. "The circumstances of surrogacy cases varied," the lawyer said, emphasizing the unique facts of each situation.
The ruling highlights ongoing challenges for Hong Kong families pursuing alternative paths to parenthood amid strict regulations on surrogacy. With the parental order now in place, the couple can proceed with obtaining the boys' identification documents and integrating them into life in the city.
