In a historic decision celebrated as a victory for LGBTQ rights, a Hong Kong court has ruled in favour of a lesbian couple who fought for equal parental status over their child conceived through reciprocal IVF (RIVF). The groundbreaking ruling challenges existing family laws and recognises the importance of parental equality for same-sex couples.
Reciprocal in vitro fertilisation (RIVF) is a medical procedure that enables both women in a lesbian couple to actively participate in the process of childbearing. It has played a pivotal role in helping same-sex couples build families, allowing genetic ties between both parents and their child.
The legal challenge was initiated by two women who underwent RIVF, only to have the Hong Kong government officially recognise one of them as the child’s mother while denying the other’s parental rights. This discrepancy prompted the legal battle, which has now concluded with a landmark decision.
Judge Queeny Au-Yeung, presiding over the case at the Court of First Instance, declared that the government’s refusal to recognise both women as parents constituted discrimination against their son. In her ruling, she emphasised that their child had been “discriminated as to his birth,” lacking a legally recognised co-parent with a genetic link. The court therefore granted the initially unrecognised woman the status of a “parent at common law,” aligning her legal status with the biological reality of the family.
In her judgment, Judge Au-Yeung remarked, “The court should be astute to the changing world where people build families in different manners other than through a married or heterosexual relationship,” acknowledging the evolving landscape of family structures.
Reciprocal IVF involves fertilising one woman’s egg externally with the assistance of a sperm donor and then transferring the embryo to the other woman, who carries the pregnancy to term. While this procedure has been widely accepted and practiced in numerous European countries, Hong Kong’s legal framework has lagged behind in recognising the rights of LGBTQ couples.
Given that Hong Kong does not recognise same-sex marriages, the couple in question had traveled to South Africa for their RIVF procedure and were subsequently married there. To protect their identities, the court granted them anonymity.
Evelyn Tsao, a lawyer representing one of the women, described the ruling as “one giant step for the rainbow families in our LGBTQ community.” She noted that the court’s explicit acknowledgment of discrimination against children of same-sex couples marked a significant milestone.
Barrister Azan Marwah, who argued the case in court, highlighted the global significance of the ruling, stating that it represents a first in the common law world.
The Department of Justice has indicated that it is carefully examining the judgment and considering the way forward. This ruling follows a recent decision by Hong Kong’s top court against legalising same-sex marriage but calling for an “alternative framework” such as civil unions to safeguard the rights of homosexual couples. The quest for equal rights and recognition for LGBTQ individuals and families in Hong Kong continues to evolve, with this landmark ruling marking a significant step forward in the ongoing struggle for equality and inclusion.
