A Hong Kong judge handed a landmark victory to a lesbian couple Tuesday, ruling that both women can be recognized as parents of their son born through reciprocal in vitro fertilization (IVF). The case marks a milestone in a city still grappling with legal recognition of same-sex families.
The couple, identified only as B and R, married in South Africa before undergoing IVF in 2020. During the procedure, R’s egg was fertilized with sperm from an anonymous donor and implanted in B’s womb. Their son was born in Hong Kong in 2021, but only B was listed on the birth certificate.
Judge Russell Coleman acknowledged that current Hong Kong laws “significantly impede” the boy from representing his relationship with R. Coleman wrote that the city’s Parent and Child Ordinance fails to strike a “reasonable balance” between societal norms and the rights of the child and his parents.
“The constitutional challenge is made good,” Coleman declared, though he stopped short of issuing a directive on how to implement the ruling. He indicated further hearings will determine the exact remedy.
Legal and Social Implications
The decision is an important step for LGBTQ+ advocacy in Hong Kong, where same-sex marriage is not yet recognized. Law firm Patricia Ho & Associates, representing the couple, praised the court’s recognition of the rights of children and families as well as equal protection under the law. The firm noted that acknowledging the rights infringement is crucial for the boy and his family.
Earlier, in 2023, Judge Queeny Au-Yeung ruled that R could be considered a parent “at common law,” citing South African law that recognizes both women as legal parents. Tuesday’s ruling builds on that precedent but addresses broader statutory challenges.
A Global Context for LGBTQ+ Parental Rights
Hong Kong’s move echoes recent developments in Europe. In 2021, the European Court of Justice ruled that a child with two mothers legally recognized in one EU nation must also be recognized across the EU. Italy followed suit in May, allowing two women to be listed as parents on a birth certificate despite strict IVF and surrogacy restrictions.
Locally, lawmakers are scheduled to resume debates on legislation allowing overseas-formed same-sex unions to be registered in Hong Kong. If passed, the bill would grant couples certain medical and inheritance rights, though its fate remains uncertain amid political opposition.
A Step Forward
While the number of families immediately affected by the ruling is unclear, advocates say it signals progress. The case highlights the evolving legal landscape for LGBTQ+ families in Hong Kong and sets the stage for further debates on parental equality.
