Hong Kong High Court grants couple parenting rights in mainland surrogacy case
South China Morning Post
by Fiona ChowFebruary 15, 2026
AI-Generated Deep Dive Summary
Hong Kong's High Court has granted parenting rights to a local couple in a unique surrogacy case involving mainland China. The couple, unable to secure identification documents for their two boys born through a commercial surrogacy arrangement, turned to the court for help. Despite knowing that commercial surrogacy is illegal in both Hong Kong and mainland China, the court ruled in their favor, citing their "ignorance" of the legal implications. However, lawyers note that this ruling is unlikely to set a precedent due to the highly specific circumstances of the case.
The couple, aged 61 and 59, commissioned two surrogates through an agent in Shenzhen in July 2023. The boys were born via caesarean section the following year. The arrangement involved embryos created using the husband's sperm and donor eggs, with the surrogacy facilitated by an agent in Shenzhen. This highlights the complexities of navigating commercial surrogacy across borders, even when both regions explicitly prohibit such arrangements.
The couple faced significant challenges after the boys' birth, as they were unable to secure identification documents for their children. In Shenzhen, the wife was unable to legalise her status as the boys' mother due to the involvement of a commercial surrogacy, which is explicitly banned in mainland China. When attempting to move the boys to Hong Kong, authorities denied them identification cards because the wife was not listed on the birth certificates.
This case underscores the legal and ethical challenges surrounding international surrogacy arrangements. While the High Court's ruling provides relief for this couple, it does not alter the prohibition of commercial surrogacy in either Hong Kong or mainland China. Legal experts emphasize that such cases are highly fact-specific and unlikely to set a broader precedent. The outcome highlights the importance of understanding local laws and the potential risks of pursuing commercial surrogacy across jurisdictions.
For readers interested in global legal and ethical issues, this case serves as a cautionary tale about
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Originally published on South China Morning Post on 2/15/2026