Hong Kong

Surrogacy in Hong Kong

In Hong Kong, surrogacy agreements are invalid and commercial surrogacy is illegal. As a result, surrogacy remains quite rare in Hong Kong as it is a gray area of ​​the law with potential criminal consequences and risks. Most parents prefer to go abroad in order to conclude an agreement on surrogacy where it can be legally formalized and guaranteed by the laws of the state for example, to countries such as Ukraine and Russia. But for couples who do not meet the legal criteria in Hong Kong, looking for a surrogate mother abroad can also have criminal consequences.

Making surrogacy almost impossible in Hong Kong, the state still retains control over it. It is not prohibited, and all measures applied in the framework of the use of surrogacy are regulated by the Parents and Children Ordinance and are allowed in cases where, due to her clinical condition, the wife cannot bear the fetus before the term and no other treatment option is practically impossible for her.

Commercial surrogacy is completely illegal and the responsible government agency must ensure that no money or other benefits (other than reasonably incurred costs) have been given or received in connection with a surrogacy agreement, unless it has been authorized or approved by a court ... Under the Human Reproductive Technology Ordinance, criminal penalties for non-compliance with the surrogacy law include a fine of HK $ 25,000 and 6 months in prison, increasing to HK $ 50,000, and 2 years in prison for a second offense: this is not limited outside Hong Kong, insofar as it applies to an act committed both inside and outside Hong Kong.