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Case Update - NF v R [2023] HKCFI 2233 (reported as Re K (Minor) (Parentage: Reciprocal In Vitro Fertilisation) [2023] 5 HKLRD 58)

21 Dec 2023

“𝐊” (𝐀𝐧 𝐢𝐧𝐟𝐚𝐧𝐭) 𝐛𝐲 𝐡𝐢𝐬 𝐠𝐫𝐚𝐧𝐝𝐦𝐨𝐭𝐡𝐞𝐫 𝐚𝐧𝐝 𝐧𝐞𝐱𝐭 𝐟𝐫𝐢𝐞𝐧𝐝, “𝐋𝐊𝐎𝐒” 𝐯. 𝐓𝐡𝐞 𝐒𝐞𝐜𝐫𝐞𝐭𝐚𝐫𝐲 𝐟𝐨𝐫 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 [𝟐𝟎𝟐𝟑] 𝐇𝐊𝐂𝐅𝐈 𝟑𝟎𝟓𝟓; 𝐇𝐂𝐀𝐋 𝟐𝟎𝟔𝟑/𝟐𝟎𝟐𝟑

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 (“PCO”) as to whether the respondent is a “parent”; on the other hand, it sought the exercise of the court’s 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.

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