On September 9, 2025, a landmark ruling by a Hong Kong judge recognized the parental rights of a lesbian couple concerning their son born through reciprocal in vitro fertilization (IVF). The couple, identified only as B and R, had undergone this medical procedure in South Africa in 2020 after marrying there. An egg was extracted from R and fertilized with sperm from an anonymous male donor, resulting in an embryo that was later implanted in B, who gave birth to their son in Hong Kong in 2021. Despite this, only B was acknowledged as the child's mother on the birth certificate, prompting a judicial challenge to this recognition.
Judge Russell Coleman’s ruling marked a significant advancement for the LGBTQ+ movement in Hong Kong, a region that does not currently endorse same-sex marriages. The city is, however, progressing toward a legal framework that recognizes same-sex partnerships. In his written judgment, Coleman stated that certain provisions of Hong Kong's Parent and Child Ordinance "significantly impede" the boy’s ability to represent his relationship with R publicly. He argued that existing legal structures fail to strike a reasonable balance between societal benefits and the rights of individuals affected by the law.
In an important part of his judgment, Coleman acknowledged the validity of the couple's constitutional challenge and expressed a desire to hear further arguments before issuing a directive related to potential remedies. The exact number of couples who may benefit from his ruling remains unclear. However, in a previous ruling from 2023 concerning the same couple, Judge Queeny Au-Yeung had declared that while R doesn’t fit within the statutory framework, she is recognized as a parent under common law, citing legal opinions that acknowledged their parental rights under South African law.
This ruling in Hong Kong reflects a broader trend in various parts of Europe, where courts have recently granted better legal parental recognition to same-sex couples. Notably, in 2021, the European Court of Justice determined that a child with two mothers officially recognized in one EU nation must also be acknowledged by other member states. Furthermore, in May 2025, Italy's Constitutional Court ruled that two women could be registered as parents of a child on the birth certificate, despite stringent regulations on IVF and a ban on surrogacy that has been in place since 2004.
Simultaneously, Hong Kong lawmakers are set to reconvene discussions on proposals that would allow residents who formed unions overseas to register their partnerships locally. This government bill is a product of recent legal victories that have advanced rights for same-sex couples. If approved, it would enable eligible couples to secure rights regarding medical decisions and after-death matters. However, its passage remains uncertain due to significant opposition within the legislature.
The developments surrounding B and R’s case and the ongoing legislative discussions illustrate a evolving legal landscape for LGBTQ+ rights in Hong Kong. The recognition of parental rights by Judge Coleman and the potential changes in legislative frameworks signal steps towards greater equality and recognition for same-sex couples in the region.
