Hong Kong Ordinances

PARENT AND CHILD ORDINANCE - SECT 12

Parental orders in favour of gamete donors

(1) The court may make an order providing for a child to be regarded in law as
the child of the parties to a marriage (referred to in
this section as "the husband" and "the wife") if-

   (a)  the child has been carried by a woman other than the wife as the
        result of the placing in her of an embryo or sperm and eggs or her
        artificial insemination;

   (b)  the gametes of the husband or the wife, or both, were used to bring
        about the creation of the embryo; and

   (c)  the conditions in subsections (2) to (7) are satisfied.

(2) The husband and the wife must apply for the order within 6 months of the
birth of the child or, in the case of a child born before the commencement of
this section, within 6 months of such commencement.

(3) At the time of the application and of the making of the order-

   (a)  the child's home must be with the husband and the wife or either of
        them; and

   (b)  the husband or wife, or both of them, must-

        (i)    be domiciled in Hong Kong;

        (ii)   have been habitually resident in Hong Kong throughout the
               immediately preceding period of 1 year; or

        (iii)  have a substantial connection with Hong Kong.

(4) At the time of the making of the order both the husband and the  wife must
have attained the age of 18 years.

(5) The court must be satisfied that both the father of the child

(including a person who is the father by virtue of section 10), where he is
not the husband, and the woman who carried the child have freely, and with
full understanding of what is involved, agreed unconditionally to the making
of the order.

(6) Subsection (5) does not require the agreement of a person who cannot be
found or is incapable of giving agreement and the agreement of the woman who
carried the child is ineffective for the purposes of that subsection if given
by her less than 6 weeks after the child's birth.

(7) The court must be satisfied that no money or other benefit

(other than for expenses reasonably incurred) has been given or received by
the husband or the wife for or in consideration of-

   (a)  the making of the order;

   (b)  any agreement required by subsection (5);

   (c)  the handing over of the child to the husband and the wife; or

   (d)  the making of any arrangements with a view to the making of the order,
        unless authorized or subsequently approved by the court.

(8) Subsection (1)(a) applies whether the woman was in Hong Kong or elsewhere
at the time of the placing in her of the embryo or the sperm and eggs or her
artificial insemination.

(9) Where an order is made under subsection (1), the Registrar of the court
shall notify the Registrar of Births and Deaths, in such manner as may be
prescribed, of the making of that order. (Enacted 1993) [ cf. 1990 c. 37 s. 30
U.K.]