Protecting Your Family as a Same-sex Couple

the HIP talks

Alfred Ip and Azan Marwah discuss family planning and marriage as a protection of a couple’s (and their children’s) interests.

They discuss adoption: from intra-family to step-parent adoption. So far, no married same-sex couple has brought forward any legal proceedings to adopt jointly; most children adopted by same-sex couples are adopted by one of the couple as a single parent. Similarly, nobody has challenged the bar that a single male parent can only adopt a child of the same gender as the applicant.

Another topic Alfred and Azan speak about is in vitro fertilisation (IVF) and the lack of recognition of the rights of the non-gestational mother. Applying for a guardianship order is one of the first steps that couples in such situations should be proactive about and protect their rights and their children’s. Azan also explains the difference between guardianship orders, parental orders and adoption orders, whether obtained in Hong Kong or abroad.

They also touch upon the minefield of surrogacy arrangements – including parental rights, possible criminal liabilities and the role of the surrogate mother. Getting legal advice at the outset is paramount!

SHOW NOTES: 00:30 Marriage as a protection shield 02:27 Adoption 08:06 IVF 09:59 The difference between guardianship orders, parental orders and adoption orders 13:39 Surrogacy