NF v. R [2023] HKCFI 2233 (reported as Re K (Minor) (Parentage: Reciprocal In Vitro Fertilisation) [2023] 5 HKLRD 58)
21 Dec 2023
โ๐โ (๐๐ง ๐ข๐ง๐๐๐ง๐ญ) ๐๐ฒ ๐ก๐ข๐ฌ ๐ ๐ซ๐๐ง๐๐ฆ๐จ๐ญ๐ก๐๐ซ ๐๐ง๐ ๐ง๐๐ฑ๐ญ ๐๐ซ๐ข๐๐ง๐, โ๐๐๐๐โ ๐ฏ. ๐๐ก๐ ๐๐๐๐ซ๐๐ญ๐๐ซ๐ฒ ๐๐จ๐ซ ๐๐ฎ๐ฌ๐ญ๐ข๐๐ [๐๐๐๐] ๐๐๐๐
๐ ๐๐๐๐; ๐๐๐๐ ๐๐๐๐/๐๐๐๐
Azan and Shaphan were instructed to represent the respondent and the applicant respectively. The application sought the interpretation of section 6 of the Parent and Child Ordinance, Cap 429 (โPCOโ) as to whether the respondent is a โparentโ; on the other hand, it sought the exercise of the courtโs power under its inherent parens patriae jurisdiction.
The challenge relates to the unconstitutional and discriminatory provisions of the Parent and Child Ordinance (Cap 429) to the extent that they fail to protect and provide for the children of same-sex couples using IVF.
The Order for Leave to bring Judicial Review is available here.
The original judgment is available here.
To learn more about Azan and Shaphan, please visit their individual profile here.