April is Neurodiversity Celebration Month, and the United Nations General Assembly having declared 2 April as World Autism Awareness Day.
Neurodiversity refers to the natural neurological differences in brain function and the processing of information. These differences influence emotion, learning, attention, communication and social interaction. Common examples include autism, ADHD, Tourette’s syndrome, dyslexia and dyscalculia, to name a few.
Read MoreIn Hong Kong, the parental authority and responsibility of a mother and father who are married, are equal. However, the legal position of unmarried fathers is significantly different from that of an unmarried mother. With respect to a child born out of wedlock, legally the mother is automatically endowed with full custodial rights and parental authority, whilst the biological father has none. This is regardless of his name appearing on the birth certificate or any recognition of his paternity.
Read MoreSurrogacy is a complicated subject that requires particular attention by the commissioning couple, i.e. the couple who commissions a third party to bear and give birth to a child on their behalf. One of the most important things to note is that the commissioning couple of a surrogate child must obtain a Parental Order in Hong Kong in order to secure their status and rights/responsibilities as the legal parents of the child in Hong Kong. This is regardless of any parental orders which may have been obtained overseas.
Read MoreSeptember has been quite a roller coaster ride for the advancement of same sex rights in Hong Kong. We went from the exhilarating peak of the landmark decision on 9 September 2025, declaring it unlawful not to allow a lesbian couple to register together as parents of their son who was conceived via fertility treatment, to the trough within 24 hours, as our Legislative Counsel voted down the 2nd reading of the Registration of the Same-sex Partnerships Bill (“the Bill”) by an overwhelming the majority of 71 votes against, 14 votes in favour.
Read MoreIn a groundbreaking development for family law in Hong Kong, a dedicated multidisciplinary team has successfully completed the city’s first two six-way Collaborative Practice cases back-to-back, setting a new standard for peaceful and amicable divorce resolutions. This innovative approach to divorce dispute resolution brings together legal, psychological, and financial professionals to support families in reaching settlements without resorting to court battles or contentious litigation.
Read MoreAs Hong Kong’s birth rate continues to decline, and in 2023 the median age of first-time mothers has risen to 32.9, Hong Kong authorities proposed in March 2025 to lift the 10-year storage limit for frozen gametes (including eggs and sperm) and embryos for own use, irrespective of the gender, age, medical or social conditions of the person. The consultation period for this proposal ended on 23 April 2025.
Read MoreGoing through a divorce is hard enough, but having to sit through a Court hearing and listen to lawyers and your soon to be ex-spouse argue over what may or may not be included in the matrimonial pot of assets to be shared with you, adds to the hardship.
Read MoreIn Hong Kong, navigating fertility options is increasingly complicated especially for those seeking alternatives to traditional methods. A recent report from Bloomberg discusses a woman who travelled abroad for treatments and a same-sex couple who turned to the black market due to local restrictions on surrogacy.
Read More(Jurisdiction for Divorce – Can I divorce in Hong Kong?)
You have lost that loving feeling – and the marriage is over. You are now contemplating divorce.
With Hong Kong being such an international city, many families may have ties with other countries around the world. So, how do you know if you can proceed with a divorce in Hong Kong?
Read MoreThe decision whether to relocate with the children after a relationship breaks down is often the most polarizing situation that separating parents encounter. It is either stay or go; there is usually no middle ground, allowing for a compromise between the country in which one parent wishes to remain, and the other country to which the other parent wants to relocate. Nor can you create a “Solomon’s baby” situation and split the child.
Read MoreYou may have properly commenced and engaged in proceedings in Hong Kong where at the start, both Parties were living and working in Hong Kong, and the children were also studying in school here. However, Hong Kong can be a transient place; things change, especially upon the breakdown of a marriage/relationship. One Party may decide to relocate, sometimes followed by the other Party, with their children in tow.
Read MoreAs a Party to your own Hong Kong Family Law proceedings, you should be aware that that the Court has inherent powers to control access to documents in its custody in relation to any Family Law proceedings, unless the matter is open to the public. As a result, you are not able to freely use, copy and/or share any documents filed or lodged with the Court Registry. This is because you are bound by an implied undertaking that you will not do so, and this is further reflected in our legislation under the Matrimonial Causes Rules.
Read MoreThe Human Reproductive Technology Ordinance (“HRTO”) was drafted in the late 1980s, when the median age of first marriages in Hong Kong was 28.3 for men and 25.6 for women. This median age has now increased to 32.2 years for men and 30.7 years for women. The overall median childbearing age of women rose from 29.6 in 1991 to 33.6 in 2021; The fertility rate among women aged 20 to 24 has decreased by 77% in the past 30 years, while that of women aged 40 to 44 has increased by 91%. These statistics shows the significant changes in the societal norms in Hong Kong over the last few decades. They reflect the reality that many women now receive higher levels of education and there is high participation of women in the labour force. This in turn may deter, if not delay, marriages and childbirth. Hong Kong now has one of the lowest birth rates in the world, with an average of 0.8 child born per woman, below its neighbouring countries like Singapore, Japan and Taiwan.
Read MoreThe Oxford English dictionary defines a parent as “a person who is one of the progenitors of a child: a father or mother. Also, in extended use: a woman or man who takes on parental responsibilities”. This covers both biological and legal connections between a parent and a child.
In Hong Kong, the concept of a traditional family has changed dramatically over the time. Just a little over 50 years ago, it was not uncommon for a nuclear family in Hong Kong to have more than two parents. That was a time when second wives, concubines and t’sips were well accepted and a common part of life in Hong Kong, so often a parent may have more than one spouse/partner. Children who grew up in those family settings are used to having more than two parental figures.
Read MoreLong gone is the expectation that “a child should be seen and not heard” and rightly so! Whilst there is an increase in the recognition of a child’s rights, are we doing enough?
Children are one of the main stakeholders in a family dispute, and the most vulnerable; thus, they are usually impacted the most. Despite so, their ability to participate in the resolution process is quite limited in Hong Kong.
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