In recent years, more and more Hong Kong residents are choosing to seek surrogacy services overseas, especially to the United States, due to the stricter legal environment of local surrogacy in Hong Kong. This article will explore in detailThe current legal situation of surrogacy in Hong Kong, how Hong Kong residents can carry out surrogacy in the U.S., and the procedures and fees required to bring back a surrogate babyand other key issues to help readers better understand the relevant policies and processes.

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I. Is surrogacy legal in Hong Kong?

Interpretation of legal provisions:

Commercial surrogacy is not legal in Hong Kong.

In Hong Kong, the legal basis for surrogacy is primarily the Human Reproductive Technology Ordinance and the Parent and Child Ordinance. While certain legally recognized surrogacy arrangements are permitted in Hong Kong, they are subject to very stringent restrictions and conditions.

Under Hong Kong's Human Reproductive Technology Ordinance (Cap. 561), any form of commercial surrogacy, including cases where the surrogate mother receives financial compensation, is prohibited. The Ordinance clearly stipulates that no person shall arrange or carry out any commercial transaction for the purpose of surrogacy, and offenders will face criminal penalties such as fines and imprisonment.

1. Legal conditions for surrogacy in Hong Kong

Under the Human Reproductive Technology Ordinance, techniques used in the surrogacy process, such as In Vitro Fertilization (IVF), Intracytoplasmic Sperm Injection (ICSI), and Intra-Uterine Insemination (IUI), must be carried out in an institution with a valid license from the Human Reproductive Technology Authority.

2. Requirements for applicants for surrogacy

For couples applying for surrogacy, the following conditions need to be met:

• Applicants must beMarried heterosexual couples.;
• Eggs from another person or surrogate mother cannot be used;
• surrogacy processMust be unpaidCommercial surrogacy is illegal..;
• Surrogacy agreements must be consensual;
• Applicants are required to undergo counseling provided by a team of experts from the Center for Reproductive Technology to ensure that they understand the medical, social, legal, moral and ethical implications of surrogacy.

These stringent requirements have resulted in surrogacy being very rare in Hong Kong, as many people in need of surrogacy, such as the LGBT community or individuals wishing to give birth as a single person, do not meet these criteria.

3. Conditions of surrogate mothers

The Regulations are also clear with regard to surrogate mothers:

• The surrogate mother is required to pass an assessment by a registered medical practitioner not involved in the reproductive technology process, including her marital status, pregnancy history, and physical and mental health status, to determine her suitability for pregnancy;
• The surrogacy arrangement must be concluded before the surrogate mother becomes pregnant, with the express purpose of placing the child in the care of the principal, who shall exercise parental rights as far as practicable;
• The child must be conceived through a reproductive technology program and the gametes (sperm and egg) used can only come from compliant commissioning couples.

4. Legal procedures following surrogacy

Finally, the commissioning couple is required toApplication for a court order within six months of the birth of an infant born to a surrogate motherto ensure that the child is legally recognized as their child.

These stringent regulations show that while surrogacy is possible in Hong Kong, it is extremely tightly regulated and restricted.

II. Requirements and conditions for the establishment of parental authority by a Hong Kong surrogate:

Under section 17 of the Human Reproductive Technology Ordinance (Cap. 561) (HRTO), any form of commercial surrogacy is illegal in Hong Kong. Regardless of where in the world the surrogacy takes place, commercial surrogacy is considered a criminal offense under Hong Kong law and surrogacy contracts are not legally enforceable.

Under the Parent and Child Ordinance (Cap. 429) (PCO), the birth mother of a surrogate child shall be deemed to be the surrogate mother who conceived and delivered the child. The husband of the surrogate mother, if any, is deemed to be the father of the child. If the surrogate mother's husband does not wish to assume parental responsibility, he is required to prove that he did not consent to the surrogacy arrangement. In addition, the PCO regulations specify that no other woman shall be considered the mother of a surrogate child.

The blogger reminds all Hong Kong netizens::The limitations of these provisions are global in scope. These legal provisions come into play wherever surrogacy takes place.

Procedures for orders to be adjudicated as parents

Under Section 12 of the PCO, the parents who commissioned the surrogacy can become the legal parents of the surrogate child by applying to the court for a Parental Order. There are a number of conditions and requirements that need to be met in order to obtain this order:

1. Source of embryos: The embryo must use the gametes (sperm and egg) of both husband and wife or at least one of them.

2. Deadline for applications: The order must be applied for within six months of the birth of the surrogate child.

3. Housing conditions: The husband and wife or one of them must fulfill one of the following conditions:

• (b) is domiciled in Hong Kong;
• He has been residing in Hong Kong for a period of one year prior to the filing and making of the order;
• There are close links with Hong Kong.

4. Age requirement: Both the husband and the wife must have reached the age of 18 years at the time of the order.

5. Informed and consent of the surrogate mother: The surrogate mother and her husband must be fully informed and consent to the order. This consent must be obtained within six weeks of the birth of the child, unless the surrogate mother cannot be located or for some reason is unable to give her consent.

6. Restrictions on payment: No husband or wife may pay or receive money (other than reasonable expenses) for the issuance of an order, the consent of a surrogate mother, or the delivery of a child, unless specifically authorized or subsequently approved by a court.

Hong Kong law regulates surrogacy extremely strictly. Under this legal framework, commissioning parents wishing to establish legal parental rights through surrogacy must ensure that all of the above conditions are met and that the relevant legal procedures are completed in a timely manner.

Judgments of Hong Kong Courts in Surrogacy Cases and Relevant Legal Provisions

The Hong Kong courts have indicated in a number of published surrogacy cases that the statutory six-month application period may be appropriately extended in the welfare and best interests of the child. The courts have held that a delay in the application for a parental order by a surrogate commissioning parent should not prevent the child from having the right to establish an identity and legal relationship with his or her commissioning parent. This suggests that the interests of the child outweigh the statutory six-month requirement.

Regarding the immigration status of children born through overseas surrogacy

For children born outside Hong Kong through surrogacy, the Hong Kong courts have ruled that if the commissioning parent is a citizen of Hong Kong, China, at the time of the child's birth and is genetically related to the surrogate child, the child should be granted permanent right of abode in Hong Kong. This decision should not be based on the existence of parental rights, but on blood or genetic ties. This view is supported by the position of the Immigration Department of the Hong Kong Government that the child's right of permanent residence in Hong Kong should depend on the blood relationship with his or her biological parents and not on the mode of delivery or the manner in which it is legally constructed. Therefore, as long as a child's natural parents are Hong Kong Chinese citizens (including Hong Kong permanent residents), the child should be entitled to the right of permanent residence in Hong Kong.

Payment Issues Regarding Commercial Surrogacy

In Hong Kong, the practice of commercial surrogacy is still considered illegal. While the law allows a surrogate mother to be compensated for reasonable medical expenses incurred in connection with the pregnancy and delivery, payment of remuneration for surrogacy is clearly defined as a commercial act. Therefore, Hong Kong law does not allow any form of remuneration for surrogacy. However, the law does not specify which expenses are considered commercial and which are not, which provides room for the court's discretion on a case-by-case basis. The court's priority in deciding whether to authorize payment remains the best interests of the child.

Status and Prospects of Surrogacy Law in Hong Kong

Compared to other common law jurisdictions, Hong Kong's surrogacy laws appear to be lagging behind. While the reasons for maintaining the status quo in Hong Kong's law can be attributed to considerations of traditional moral values and human trafficking, as the demand for surrogacy increases and cases continue to emerge, Hong Kong may need to rethink and modernize its relevant laws to better cope with surrogacy's development and challenges in the modern world.

Third, Hong Kong people in the United States surrogacy must see the strategy:

Whose name will appear on the birth certificate of a baby born to a Hong Kong resident surrogate in the United States?

In the United States, surrogacy laws vary from state to state, but in general, the name on the baby's birth certificate depends on the identity and marital status of the prospective parents:

Married couples: If the surrogate's baby is from a married couple, the birth certificate usually shows the couple's names as both parents.

Single parents-to-be: If a surrogate baby is applied for by a single person, the birth certificate will usually only show the name of the single person as either the father or the mother.

same-sex couple: If the prospective parents are same-sex couples, they have the option of showing both names on the birth certificate or only one name as the father or mother.

How to bring a baby born through US surrogacy back to Hong Kong?

When a baby is born in the United States, he or she automatically becomes a U.S. citizen and will be issued a U.S. passport. The parents can use this passport to bring the baby back to Hong Kong:

1. Visa-free entry: Infants holding U.S. passports can enter Hong Kong visa-free and stay in Hong Kong as visitors for up to six months.

2. Application for Hong Kong Identity: Upon arrival in Hong Kong, prospective parents need to submit an application to the Hong Kong Immigration Department to apply for a Hong Kong identity for their baby.

How to apply for Hong Kong status for a baby born through US surrogacy?

There are usually two types of Hong Kong prospective parents with slightly different application processes:

1. Prospective parents who have the right of permanent residence in Hong Kong:

Immigration usually issues a 3-year visa for infants.

At the expiration of these 3 years, the visa is automatically renewed for 2 years and again for the following 2 years.

As the baby was not born in Hong Kong, the only way for him or her to acquire the right of abode was to have resided in Hong Kong continuously for seven years. after seven years, the baby would be eligible to apply for and be granted the right of permanent residence in Hong Kong.

2. Overseas prospective parents holding a work visa:

If the prospective parent is residing in Hong Kong on a work visa, the status of the infant will be a dependent visa on the work visa.

If the parents apply for permanent residency after seven years of continuous residence in Hong Kong and are approved, the infant is also eligible to apply for and be granted permanent residency in Hong Kong together.

All these applications need to be submitted to the Immigration Department upon the arrival of the babies in Hong Kong and the usual processing time is four to six months.

Difference between applying for Hong Kong identity for an infant and confirming paternity

It is important for prospective parents to understand that the application for Hong Kong status for a surrogate baby and the confirmation of paternity are two separate legal proceedings.

Application for Hong Kong Identity: This procedure allows the infant to acquire the legal right to reside in Hong Kong. Once the status is granted, the infant can enjoy public services in Hong Kong, such as education, health care and other benefits.

Recognition of paternity: Although prospective parents can obtain custody of their babies through a Birth Certificate at the time of birth in the United States, such custody is not automatic in Hong Kong. The prospective parents will need to go through the legal process of applying for confirmation of paternity in Hong Kong.

Therefore, many parents will give priority to applying for Hong Kong status for their babies so that the babies can enjoy the various public benefits and conveniences in Hong Kong as early as possible.

The cost of Hong Kong people going to the U.S. for surrogacy explained in detail

When Hong Kong residents choose surrogacy in the United States, the cost usually includes several items. Due to the long cycle of the surrogacy process and the complexity of the costs involved, prospective parents need to focus on the following points in their initial understanding:

1. Specific components of the cost of surrogacy in the United States

The cost of surrogacy in the United States is usually divided into several parts:Fixed and variable costsThe

Fixed surrogacy costs: These fees are essential and usually cover the surrogacy agency service fee, legal fees, medical evaluation fees, the cost of the in vitro fertilization (IVF) process, and compensation for the surrogate mother (both base compensation and some pre-determined extras, such as embryo transfers, cesarean sections, etc.). Fixed fees are usually detailed in the contract.

Variable costs: These costs depend on the circumstances and may include additional medical costs for the surrogate mother, costs for unforeseen circumstances during pregnancy, hospitalization and treatment costs, etc. Variable costs will vary from case to case, so some flexibility needs to be considered in the budget.

Additional surrogacy costs: Expectant parents should be aware of what costs are included in the surrogacy agency's initial offer and what needs to be paid separately. For example, some agencies may list the cost of psychological evaluations, living allowances for the surrogate mother, and transportation costs separately. Knowing these cost breakdowns can help avoid unexpected expenses at a later stage.

For better budget planning, prospective parents should ask the surrogacy agency to provide a detailed list of costs and confirm it with the list of estimated costs when signing the service agreement in case the subsequent costs exceed expectations.

2. Payment of the cost of surrogacy

There are multiple stages to paying for the surrogacy process in the United States:

Surrogacy agency fees and legal fees: these are usually paid directly to the surrogacy agency and legal counsel.

Trust account management: Compensation and other related fees for surrogate mothers are usually deposited in phases into a trust account in the name of the prospective parents, an arrangement that ensures the transparency of each payment and prevents the financial strain of a lump-sum payment. Fees will be paid to the surrogate mother in installments, either monthly or on an as-needed basis, in accordance with the terms of the contract.

Prospective parents are advised to try to pay for all relevant expenses through a trust account to ensure that every use of funds is clearly regulated, which can also effectively control the total expenditure on expenses.

3. Transparency of surrogacy costs

During the surrogacy process in the United States, every expense needs to be kept highly transparent. The prospective parents have the right to request receipts or bills from the surrogacy agency for every expense incurred to ensure that the expenses are reasonable and legitimate. This transparency is not only an essential measure to protect the rights of the prospective parents, but also helps build trust in the surrogacy process.

4. How to reduce the cost of surrogacy in the United States

There are a number of ways that prospective parents can minimize the cost of the surrogacy process:

Purchase of insurance: Having the right health insurance and life insurance can be an effective way to control the costs of medical expenses and unforeseen risks for surrogate mothers. Medical insurance usually covers most of the medical costs of the pregnancy, while life insurance provides additional protection for the surrogate mother and her family.

Choosing the right surrogacy agency: Look for a reputable and transparent surrogacy agency and clearly understand if there are any hidden costs in the contract. This will avoid some unnecessary expenses.

Careful selection of additional services: Certain services may be optional during the surrogacy process, and prospective parents can decide whether or not to choose these services based on their budget.

5. Obtaining and planning for cost breakdown

Prospective parents should ask the surrogacy agency for a detailed cost breakdown and use it as an important basis for cost planning. This will allow you to anticipate the total cost of surrogacy in advance and prepare for possible additional expenses.

If you wish to know a more detailed breakdown of the cost of American surrogacy, you can refer to our cost breakdown presentation for more comprehensive information and advice.

List of Frequently Asked Questions about Surrogacy in the U.S.

1. Is surrogacy legal in Hong Kong?

Surrogacy is not legal in Hong Kong. Any form of commercial surrogacy is prohibited under the Human Reproductive Technology Ordinance (Cap. 561).

2. In what ways can Hong Kong people establish surrogate parental rights?

In Hong Kong, a surrogate mother is considered the legal mother of the child. The commissioning parents can obtain legal parenthood through an `order for adjudication of parentage' (section 12 of the PCO).

3. How can prospective parents in Hong Kong bring their babies conceived in the United States by surrogates back to Hong Kong?

Babies born in the U.S. automatically become U.S. citizens and can enter Hong Kong visa-free with a U.S. passport. Parents are required to submit an application for the baby's status to the Hong Kong Immigration Department.

4. Whose name will be on the birth certificate of a baby born to a surrogate in the United States?

Typically, a married couple's surrogate baby will have both parents' names on the birth paper; single parents or same-sex couples may choose to have one or both names on the birth paper.

5. What do Hong Kong people need to know about surrogacy in the United States?

One needs to understand the differences in surrogacy laws from state to state in the U.S., the baby's birth paper regulations, what constitutes a surrogacy fee, how it is paid, and the transparency of the surrogacy contract.

6. What is the approximate cost for a Hong Kong person to go to the United States for surrogacy?

The cost of surrogacy in the United States involves a variety of expense items, including surrogacy agency fees, attorney's fees, health insurance premiums, and compensation for the expectant mother, and the costs can vary depending on different options and needs.

7. How can a surrogate baby obtain legal status in Hong Kong?

The Hong Kong Immigration Department will determine the permanent right of abode based on the baby's consanguinity and the Hong Kong citizenship of the birth parents. The application process needs to be submitted upon entry into Hong Kong and a period of seven years of residence needs to be met before permanent residency can be granted.

8. How do I apply for Hong Kong status and establish paternity for a child born to a U.S. surrogate?

The application for Hong Kong identity for the baby and the confirmation of paternity are two separate legal proceedings and need to be conducted separately.

9. How can I save money on surrogacy in the United States?

You can effectively save money on surrogacy by purchasing health and life insurance, choosing the right surrogacy agency, and using a trust account to pay for expenses.

We hope this list of frequently asked questions will help you better understand what is involved in going to the United States for surrogacy for Hong Kong residents!

Blogger Summary:

Overall, the local legal environment for surrogacy in Hong Kong has led many residents to choose to seek surrogacy services overseas, especially in the United States. Before proceeding with overseas surrogacy, Hong Kong residents need to have a thorough understanding of the relevant laws and regulations, as well as a clear understanding of the costs and procedures involved in the surrogacy process, to ensure that they are well-prepared for the baby's smooth return to Hong Kong and identification. With changing social attitudes and growing demand for surrogacy, surrogacy laws in Hong Kong may change in the future, and readers should stay tuned to the latest legal trends and policy updates.