Under the Parent and Child Ordinance (Cap. 429), Sections 3-5, paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Section 3).
(b) The husband of the mother at conception or birth is presumed the legal father (Section 4). Paternity outside marriage requires acknowledgment or judicial proof (Section 5).
The Human Reproductive Technology Ordinance (Cap. 561), Section 22, assigns paternity to the husband in regulated ART with donor sperm, excluding clinical donors. Informal donors are not covered and risk paternity if proven outside this framework.
Assisted Reproduction:
Hong Kong regulates ART under the Human Reproductive Technology Ordinance (Cap. 561), effective 2000, permitting sperm donation in licensed facilities for married heterosexual couples only (Section 13). Informal sperm donation is not recognized and is effectively prohibited outside regulated ART.
Donors lack legal protections against paternity claims if biological ties are proven outside clinical settings. Single women and same-sex couples have no legal access to ART; informal donation is rare due to legal and cultural barriers.
Sperm Donor Agreements:
Clinical donors are protected from paternity under Cap. 561 (Section 22), but informal agreements lack a legal framework. Contracts outside regulated ART are unenforceable under common law or Cap. 429, and donors risk paternity if acknowledged or proven (Section 5).
For NI or informal AI, the donor could be deemed the legal father if paternity is established judicially, lacking statutory protection.
Surrogacy:
Surrogacy is regulated under Cap. 561 (Sections 17-19), permitted altruistically for married couples, with intended parents recognized via parental orders. Informal surrogacy defaults to the birth mother as legal mother (Section 3).
Commercial surrogacy is banned (Section 14), and international arrangements require legal proceedings for recognition.
Parentage Agreements:
Parentage is formalized through marriage, ART regulations, or birth registration (Cap. 429). Informal agreements lack enforceability unless judicially recognized (Section 5).
Courts may establish paternity based on biology or acknowledgment, overriding informal agreements if disputes arise.