Skip to main content

Hong Kong Lesbian Couple Win Court Victory In IVF Case

Hong Kong Lesbian Couple Win Court Victory In IVF Case

The court ruled that the government's non-recognition was a form of discrimination. (Representational)

Hong Kong:

A Hong Kong court has sided with a lesbian couple who argued that both women should have parental status over their child born via "reciprocal IVF", a ruling hailed as a win for the LGBTQ community.

The medical procedure of reciprocal in vitro fertilisation (RIVF) allows two women to share in the process of childbearing and is credited with helping same-sex couples start families.

Two women who took part in RIVF launched a legal challenge last year after the Hong Kong government recognised only one of them as the mother of their son, citing existing family laws.

On Friday, judge Queeny Au-Yeung at the court of first instance ruled that the government's non-recognition was a form of discrimination against the couple's son.

Their child was "discriminated as to his birth in the sense that, unlike other children, he does not have a co-parent, genetically linked to him," the judge wrote in her ruling.

The court declared that the woman initially denied legal status should be recognised as a "parent at common law", saying the move would align her legal status with reality.

"The court should be astute to the changing world where people build families in different manners other than through a married or heterosexual relationship," the judge added.

In RIVF, a lesbian couple can jointly take part in childbearing as one woman's egg, fertilised externally with the aid of a sperm donor, is transferred to the other woman who carries the pregnancy to term.

The procedure was introduced in the late 2000s and can now be performed without restriction in more than a dozen European countries, according to an academic survey.

As Hong Kong does not recognise same-sex marriages, the two women in the case -- who were granted anonymity by the court -- were married and underwent RIVF in South Africa.

Lawyer Evelyn Tsao, who represented one of the women, called the ruling "one giant step for the rainbow families in our LGBTQ community".

"For the first time, the court expressly states that children of same-sex couples are discriminated by the current legislation," Ms Tsao told AFP.

Barrister Azan Marwah, one of the lawyers who argued the case in court, said on social media that the ruling was a first in the common law world.

The Department of Justice told AFP it was "studying the judgment in detail and considering the way forward".

Earlier this month, Hong Kong's top court ruled against same-sex marriage but ordered the government to provide an "alternative framework", such as civil unions, to protect the rights of homosexual couples.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Adblock test (Why?)



from NDTV News- Special https://ift.tt/EOM8nS3 https://ift.tt/t14Tf82
via IFTTT

Comments

Popular posts from this blog

US Defense Chief Austin To Make 'Full Recovery' From Cancer: Doctors

Austin, a 70-year-old career soldier, initially underwent minor surgery to treat cancer on December 22. Washington: US Defense Secretary Lloyd Austin is likely to make a "full recovery" from prostate cancer and his prognosis is "excellent," two doctors said after he was seen at Walter Reed hospital for a follow-up appointment. Austin controversially kept US President Joe Biden in the dark about the cancer diagnosis for weeks, and did not inform either the commander-in-chief or Congress until days after he was hospitalized on January 1 for complications from his treatment. "Secretary Austin was seen today at Walter Reed National Military Medical Center for a scheduled post-prostatectomy surveillance appointment," the doctors said in a statement released by the Pentagon. "He continues to recover well and is expected to make a full recovery. Secretary Austin's prostate cancer was treated early and effectively, and his prognosis is excellent,...

North Korea Says It Tested New Strategic Cruise Missile

North Korea test-fired a new generation of strategic cruise missile on Wednesday. (Representational) Seoul: North Korea fired several cruise missiles towards the Yellow Sea on Wednesday, Seoul's military said, the latest in a series of tension-raising moves by the nuclear-armed state. Hours later, North Korea appeared to confirm the firing, saying it had carried out its first test of a new generation of strategic cruise missiles it is developing, the Pulhwasal-3-31. Pyongyang has accelerated weapons testing in the new year, including tests of what it called an "underwater nuclear weapon system" and a solid-fuelled hypersonic ballistic missile. "Our military detected several cruise missiles launched by North Korea towards the Yellow Sea at around 7:00 am today," the South Korean Joint Chiefs of Staff said in a statement. Unlike their ballistic counterparts, the testing of cruise missiles is not banned under current UN sanctions against Pyongyang. Cruise...

US "Deplores" Israeli Attack On UN Training Center In Gaza

More than 25,000 people have been killed in Gaza since war began against Hamas. Washington: The United States was concerned by an Israeli attack on a U.N. training center sheltering displaced people in Gaza's Khan Younis on Wednesday, Deputy State Department spokesperson Vedant Patel said, repeating Washington's calls for protection of civilians, humanitarian workers and aid facilities. "We deplore today's attack on the U.N.'s Khan Younis training center," Patel told a news briefing, calling it "incredibly concerning." The Director of UNRWA Affairs in Gaza said that nine Palestinians were killed and 75 were injured when two tank rounds hit the building that was sheltering around 800 people in the southern Gaza Strip. "Civilians must be protected, and the protected nature of UN facilities must be respected, and humanitarian workers must be protected so that they can continue providing civilians with the life-saving humanitarian assistance...