The High Court recently addressed these questions in 

[2025] HKCFI 1974. K was born to a female same-sex couple through reciprocal IVF: R donated the egg, which was fertilised and implanted in B, who gave birth to K. Both women share a close parental bond with K – yet only B appears on the birth certificate.

Although a prior court had already declared R a “parent at common law” (

), the authorities refused to register R as K’s parent.

K challenged the refusal, arguing that it violated his rights under the Bill of Rights (

), specifically articles 14, 19, 20, and 22. Coleman J agreed, finding that:

The Court invited the parties to make further submissions on the appropriate relief.

 instructed by, and Hikki Wong of, the Department of Justice for the respondent and 2

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Should Both Members of a Same-Sex Couple Be Listed as Parents on Their Child’s Birth Certificate? To Qualify as a “Parent” under the Parent and Child Ordinance (Cap. 429) (PCO), Must One Be a “Mother” or a “Father”?

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