1. Is surrogacy regulated in Hong Kong?
In Hong Kong, surrogacy is regulated by the Human Reproductive Technology Ordinance.
The Ordinance is designed to regulate reproductive technology procedures, and the use of embryos and gametes for research and other purposes; to confine the provision of reproductive technology procedures to infertile couples, subject to any express provision to the contrary in any code; and to regulate surrogacy arrangements (whereby the woman to whom it relates would be a surrogate mother if she carries a child pursuant to the arrangement).
The Ordinance states that no person may carry on any activity which consists of or involves:
- providing a reproductive technology procedure;
- conducting embryo research; or
- handling, storing or disposing of a gamete or embryo used or intended to be used in connection with a reproductive technology procedure or embryo research;
unless the person has a licence to do so.
The Council on Human Productive Technology was established to regulate the issues discussed above.
It should be noted that a surrogate mother is not a “parent” of the child in law.
For more information about the Ordinance and the Council on Human Productive Technology, please visit Matrimonial Matters > Surrogacy and artificial insemination > Overview.